Transfer petition in Supreme court from one state to another

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 year, 4 months ago.

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  • #986

    The girls side is from Bihar and the boy’s side is from West bengal.the cause of action arose in West Bengal.the girl mis used the section 498A and lodged a case against 14 people including husband & in laws and other relatives at bihar.we are from boy’s side.A quashing case has been filed by us at Patna high court but that is not yet listed by the high court.we are planning to move to Supreme court for transferring the case to WB.
    In case the transfer petition is rejected by SC ,will it have any impact on the pending quashing case before the Patna high court.
    My lawyer said the quashing case will also be it true? Plz reply

  • #987

    It depends. If the petition filed in high court for quashing is ONLY on the ground of jurisdiction, in that case the rejection of the transfer petition may have some impact on high court petition. However, in such a case, the Supreme Court itself may perhaps reject the transfer petition (or ask you to withdraw it) and ask you to pursue the high court petition.

    On the other hand, if the high court petition is also on other grounds (such as on merits of the case), then the SC rejection may or may not have impact.

    Also keep in mind that the power of the SC to transfer a case is irrespective of the jurisdiction, i.e., it is not necessary that you seek transfer only on the ground of jurisdiction. In fact, if you ask transfer only on the ground of jurisdiction, sometimes there is a likelihood that the SC may ask you to approach the competent court on the ground of jurisdiction.

    So, it all depends on facts of the case. There is no hard and fast rule.     

    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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