The Supreme Court has ruled that it can now transfer cases pertaining to matrimonial disputes out of Jammu and Kashmir, for ensuring access to justice to litigants. A five-judge Constitution bench considered the fact that the local laws of Jammu and Kashmir do not provide remedy for seeking transfer of the cases outside the state at the request of a litigant. <br/><br/>The provisions of the Civil Procedure Code and the Criminal Procedure Code which deal with transfer of cases, are not applicable in Jammu and Kashmir. The bench headed by Chief Justice TS Thakur said that the apex court can exercise its Constitutional powers while transferring the cases out of the state; to ensure access to justice, a key right available to all litigants.
News On AIR | July 19, 2016 1:24 PM
Matrimonial disputes cases can be transferred out of J&K: SC