Transfer of a case in Supreme Court Transfer of a case in Supreme Court

2 years ago

Sir,
My husband is from Orissa and I am from Andhra Pradesh.
In the month of July he has filed Judicial Separation Section 10 Hindu Marriage Act. As presently I am staying with my parents in Andhra Pradesh , I have applied for transfer in Supreme court through an advocate. Got stay on Oct 4th 2021. Submitted the same in the local family court in Orissa and the proceedings are stopped till the transfer is completed. Now my mother in law has filed Protection of women from Domestic Violence Act 2005 on me and my parents U/S 23(1) and 12.
For your information
My mother in law is of about 68 years
my father in of 68 years
mother is of 59 years
my daughter is 10 year old.
We are planning for the transfer of the case filed by my mother in law. Is that possible ?
Can we add the same to the previous transfer case as that hearing is not yet started?
When I check online it says on Dec 7th we have hearing.
Or Should I apply separately for the transfer of the case?
Please guide me which is cost effective

Abhimanyu Shandilya

Responded 2 years ago

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A.Since the separation case is family matter and the procedure is like a civil case hence it was allowed to be transferred but the procedure under the DV Act is like a criminal case and hence it will not be allowed to be transferred. In DV case the mother in law has filed a case which will be handled by local police and the magistrate. So, very rare chances of transfer.
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