In a recent legal case involving a Transfer Petition in a Domestic Violence matter, the Court’s meticulous analysis and consideration of jurisdictional transfer requests shed light on the complexities of such proceedings. Understanding the Court’s reasoning behind the decision can provide valuable insights for legal practitioners and stakeholders navigating similar situations.
Facts
- Transfer Petition (Crl.) No.161 of 2021 filed under Section 406 of the Code of Criminal Procedure seeking transfer of Crl.M.P.No.252 of 2014.
- The transfer sought is of a case titled S.M.Shoba vs. Saravanan Babu & Ors. under the Protection of Women from Domestic Violence Act, 2005, pending before the Judicial Magistrate Court (Mahila Court), Madurai, State of Tamil Nadu.
- The transfer request is to move the case to a competent Judicial Magistrate Court at Bangalore, State of Karnataka.
- The learned Counsel for parties presented their arguments at length during the hearing.
Also Read: Supreme Court Upholds Rejection of Plaint Under Order VII Rule 11 of CPC: A Critical Analysis
Decision
- Transfer Petitions lack merit
- Dismissal recommended based on overall facts and circumstances
- No valid grounds for transfer
Also Read: Validity of Debt and Enforcement of Section 138 NI Act
Case Title: S.M. SHOBA Vs. THE INSPECTOR OF POLICE (2022 INSC 646)
Case Number: T.P.(Crl.) No.-000153 / 2021
