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Legal procedure to transfer case to a court in another state
27-Jan-2023 (In Divorce Law)
I am from panipat haryana my wife moved back to parents house in Muzzaffnagar Up when i filed divorce case in panipat after that she had gone back their n filed crpc 125 n DV CASE in Muzzafarnagar. So there is any law to transfer case from Muzzafarnagar to other state or delhi for my safety purpose as dey have threaten me so many times so plz help me out with process n good supreme court lawyer
In matrimonial cases, a wife can file a case at the place of her residence. The jurisdiction lies there. An application can be moved in court for transfer of case however, chances of transfer are very less or negligible.
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Adv. Neetica Sharma
Delhi | 25+ Answers
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How much it costs to transfer a case from one State to another?
Total cost could be around Rs. The total cost may be around Rs. You must file a petition with the Supreme Court to transfer a case. 23-Mar-2018
Can court case be transferred to another State?
The Supreme Court has ruled that a transfer of a trial from one state to another should only be done in exceptional circumstances. Otherwise, it could have a negative impact on the credibility of both the state judiciary and the prosecution agency. 25-Feb-2023
Can a divorce case be transferred?
In these transfer cases, the Honourable Supreme Court transfers only those cases that are truly lacking in territorial jurisdiction. It does not transfer any cases that were supposed to fall under the jurisdiction transferred. The Honble Supreme Court looks into the true reason or ground for such a transfer.
How much time it takes to transfer case from one State to another?
The Supreme Court of India normally takes 4 to 6 month to hear both sides and decide on a Transfer Petition. Until then, the lower court proceedings are stayed until the Supreme Court makes a decision.
You have to file transfer petition before Hon'ble Supreme Court of India under Section 25 of CPC if the case pertains to civil, divorce and child custody. If the matter pertains application under section 125 Cr.P.C/ Domestic violence Act, then file transfer petition under section 406 Cr.P.C.
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