Can I file for transfer or CrPC 482 petition for jurisdiction?
My wife is a government teacher in Rajasthan, and we got married in Rajasthan in December 2020. We have never visited Mumbai during our married life. However, my wife’s mother and brother live in Mumbai, and she has filed an FIR against our family members. Although my wife is living and working in Rajasthan, she changed her Aadhar address to Maharashtra, where the FIR was lodged. We have not lived together for the last two years, and the FIR was lodged in January 2024, after two years, and a chargesheet has been filed by the police. Can I file a transfer petition or should I go for a CrPC 482 petition in the High Court for jurisdictional issues?
You can file a transfer petition under Section 406 of the CrPC in the High Court to transfer the case to a court in Rajasthan, where you and your wife are currently residing. This is because the FIR was filed in Mumbai, but the jurisdiction may be questioned if there is no direct connection with the location. For further legal assistance contact us on our helpline number.
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