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Transfer of case from one state to another and formalities related
14-Oct-2023 (In Divorce Law)
Good Morning everyone, I am staying in Pune with my parents and I got married in 2015 as per Hindu traditions. After marriage she came to Pune to stay with me and later also took up a job in pune itself. My marriage is in dispute for the past 1 year and my wife has filed false 498 and Domestic Violence cases in Hyderabad. We have filed Divorce in Pune recently. Now we want to know if we can transfer Domestic violence and 498 to Pune under the grounds that court doesn't have jurisdiction since all the incidents that she has mentioned happened in Pune. Even now she is staying in Pune only and still working but has claimed maintenance and interim maintenance. We have evidence for this. My pune lawyer says that it can be done if a strong lawyer can argue strongly in Hyderabad high court and has experience of doing it earlier. I am looking for someone who can help with the case transfer to Pune. Thanks, BHR
If you have strong evidences against your wife that she is doing job in pune itself, and still she is staying in pune, then you can tell to the court by submitting the evidences she is harrasing you so please consult us for good advice with all documents which you have along with DVC case details.
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Adv. Bala Murali
Hyderabad | 200+ Answers
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Sir,
As you want to get the DV and 498A IPC case transferred to the Pune Magistrate court's jurisdiction from Hyderabad, you need to file a Transfer Petition (Criminal) before the Supreme Court, under Section 406 of the CrPC. Section 406 Cr.P.C empowers the Supreme Court to transfer a case pending before a Court in one particular State to a Court in another State, falling in jurisdiction of different High Courts. The Supreme Court after hearing your submissions and grounds will transfer both the cases to concerned Magistrate court in Hyderabad.
I think you have strong grounds for seeking transfer of both the cases. Proceed immediately. Feel free to contact if you need help in the case.
As you want to get the DV and 498A IPC case transferred to the Pune Magistrate court's jurisdiction from Hyderabad, you need to file a Transfer Petition (Criminal) before the Supreme Court, under Section 406 of the CrPC. Section 406 Cr.P.C empowers the Supreme Court to transfer a case pending before a Court in one particular State to a Court in another State, falling in jurisdiction of different High Courts. The Supreme Court after hearing your submissions and grounds will transfer both the cases to concerned Magistrate court in Hyderabad.
I think you have strong grounds for seeking transfer of both the cases. Proceed immediately. Feel free to contact if you need help in the case.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Hi
1) For transfer of 498a and DVC case from hyderabad to pune, you got to move the supreme court u/s 406 Cr.P.C as supreme court alone has powers to transfer cases(criminal) from one state(Hyderabad) to another(Pune)
2) Alternatively even if your wife wants to transfer the ongoing Divorce proceedings from Pune to Hyderabad, she has to move the supreme court u/s 25 of Civil Procedure code.
3) Please note that Hyderabad courts have powers only to decide on transfer of cases within Andhra Pradesh and Telangana and hence your only available legal remedy is to get the cases transferred from Hyderabad to Pune through Supreme court.
4) If you can provide conclusive evidence that your wife is residing at Pune and also working at Pune, Supreme court will definitely pass orders for transfer of case from Hyderabad to Pune.
5) Alternatively, you can provide conclusive evidence that your wife is residing at Pune since 2015 and is also working at Pune, you can file a quash petition u/s 482 of Cr.P.C and get both the 498a case and DVC case quashed at Hyderabad high court on grounds of jurisdiction.
Hope this information is useful.
1) For transfer of 498a and DVC case from hyderabad to pune, you got to move the supreme court u/s 406 Cr.P.C as supreme court alone has powers to transfer cases(criminal) from one state(Hyderabad) to another(Pune)
2) Alternatively even if your wife wants to transfer the ongoing Divorce proceedings from Pune to Hyderabad, she has to move the supreme court u/s 25 of Civil Procedure code.
3) Please note that Hyderabad courts have powers only to decide on transfer of cases within Andhra Pradesh and Telangana and hence your only available legal remedy is to get the cases transferred from Hyderabad to Pune through Supreme court.
4) If you can provide conclusive evidence that your wife is residing at Pune and also working at Pune, Supreme court will definitely pass orders for transfer of case from Hyderabad to Pune.
5) Alternatively, you can provide conclusive evidence that your wife is residing at Pune since 2015 and is also working at Pune, you can file a quash petition u/s 482 of Cr.P.C and get both the 498a case and DVC case quashed at Hyderabad high court on grounds of jurisdiction.
Hope this information is useful.
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37+
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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