transfer petition for transfer of case from one state to another

[Lalita Maskara]

Sir/Madam,

We are from the boy’s side and we are distant relatives of the bride groom.The Boy lives in west bengal whereas the girl is from bihar.THE MARRIAGE TOOK PLACE IN WB AND THE CAUSE OF ACTION AROSE IN WB.The girl has misused and loodged a false 498A case in bihar.Now, can we move to Supreme Court for transferring the said case to WB. What are the chances that we will get it done? People are saying SC is always in the favour of transferring the cases to Girl’s State?Is it so.?

[Dr. Ashok Dhamija]

Yes, you can move the Supreme Court for transfer of the case from Bihar to West Bengal. However, the chances are generally less since in marriage-related cases, the Supreme Court takes the sides of women.

Secondly, you have mentioned that the cause of action of the offence occurred in West Bengal but the case is registered in Bihar. If no part of the cause of action has occurred in Bihar, then you can also challenge the matter in Bihar for quashing the case on this ground.     

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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. List of his YouTube Videos.

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