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Trasfer Of Cases To Nearest Place Or Judidiction Of Incident
13-Apr-2023 (In Supreme Court Law)
My parents never lived us .we were in metro and they were in a small town .in a pre planned conspiracy, she came to my parents house and did hungama to attract cases on to my parents. After few months she went to metro and filled cases on me and parents. 498A DV with MC .As per the FIR of 498a it was mentioned judidiction as my parents place but cases registered in metro .we both belongs to same district. Can we trasfer Of Cases To Nearest district Courts for parents sake ? What are basic parameters that honble court look deciding on trasfer Of Cases from metro to city of judidiction? Will senior citizens given any priority ?
Firstly, it is esential to ascertain the exact allegations against your parents, if any, levied against your parents. If it can be establish before the court that there are no specific allegations against you parents. Then the case can be strucked off against them and can continue against you. However, if the allegations are not specific and ambiguous. Your case is already made out there will be no need for transfer.
With respect to the transfer of the proceedings, the law is well settled, The jurisdiction where the offense is alleged to have been made, apart from that where the accused is residing can be transferred in the interest of justice.
I would recommend you to take proper consultation for better ascertainment.
With respect to the transfer of the proceedings, the law is well settled, The jurisdiction where the offense is alleged to have been made, apart from that where the accused is residing can be transferred in the interest of justice.
I would recommend you to take proper consultation for better ascertainment.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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Yes…you can transfer the case from one district to another. For that you need to apply to the High Court for transfer petition. You can mention that the parties are senior citizens and that’s why they are demanding for the same. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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You can file a transfer petition since your wife also belongs to the same area mostly chances are high of getting a transfer of the cases also the age of parents is also a good reason. So u can try by filing a transfer petition in Supreme Court
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Adv. Madhu Tyagi
Delhi | 200+ Answers
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Supreme Court has the power to move a case currently being adjudicated in a given city.
Now as you mentioned that the incident happened in the city of residence of your parents, that is a tangible ground for transfer.
Furthermore, to effectively attend to the proceeding and participate effectively in the disputes thereof the transfer shall be granted.
Lastly, you rightly mentioned the age factor is there and it wouldn't be in the interest of justice to make old parents run pillar to post to adjudicate the matter.
Now as you mentioned that the incident happened in the city of residence of your parents, that is a tangible ground for transfer.
Furthermore, to effectively attend to the proceeding and participate effectively in the disputes thereof the transfer shall be granted.
Lastly, you rightly mentioned the age factor is there and it wouldn't be in the interest of justice to make old parents run pillar to post to adjudicate the matter.
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Adv. Kunal Sinha
Delhi | 200+ 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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