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Can domestic violence cases be transferred to another court?

15-May-2026
Domestic Violence

Answer By law4u team

Yes, domestic violence cases can be transferred to another court in India, but it is not automatic and requires a legal order. Cases filed under the Protection of Women from Domestic Violence Act, 2005 are normally heard by a Judicial Magistrate First Class having jurisdiction over the area. However, in appropriate circumstances, a party can request transfer of the case to another court. A transfer is generally sought when there are valid reasons such as safety concerns, convenience of the aggrieved woman, bias or apprehension of unfair trial, or practical difficulties in attending the current court. The request for transfer is usually made through an application before a higher court. The power to transfer such cases lies with higher judicial authorities, including the Sessions Court or the High Court, depending on the situation. In certain cases involving broader judicial transfers, the Supreme Court of India can also exercise its powers to transfer proceedings. Courts do not grant transfer casually. They carefully examine whether there is a genuine reason and whether transferring the case will serve the interest of justice and convenience of the parties, especially the woman seeking protection under the law. In summary, domestic violence cases can be transferred, but only through a proper legal process and judicial approval, based on valid and justified grounds.

Answer By Ayantika Mondal

Dear client, Yes, domestic violence cases can be transferred to another court in India with permission from a higher court. Transfer is usually allowed for valid reasons like safety, convenience or fear of unfair trial and hence the court decides based on the interest of justice. May this help and if you have any further issues do not hesitate to contact us.

Answer By Anik

Dear Client, Yes, there is always a possibility of transferring a domestic violence case from one court to another. But this can only be done when it is decided if the transfer will be made within the state or to some other state. A domestic violence case filed under section 12 of the Protection of Women from Domestic Violence Act is a criminal offense and comes under the purview of the BNSS. Within the same state, section 24 of CPC gives power of transfer only to the High Court or the District Court. This power is exclusive and cannot be exercised by any other court unless specifically authorised. For a transfer between two different states, only the Supreme Court has the authority under section 447 BNSS. The Bombay High Court in a significant ruling allowed the transfer of domestic violence proceedings from the Additional Chief Metropolitan Magistrate at Girgaon to the Family Court at Bandra, where the divorce petition was pending, holding that consolidating related matrimonial proceedings before a single judge avoids 0conflicting judgments and multiplicity of litigation. Examples of legitimate reasons for transfer are convenience of the wife, her inability to afford the cost of going to distant places for trials, health difficulties, merger of cases involving divorce or custody, and avoidance of contradictory decisions by two separate courts. The party that seeks transfer is expected to apply formally at the High Court using Section 24 CPC and notify the other party while listing out the reasons for doing so. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou

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