Source: Agencies19 Jul 2016 14:55:26

New Delhi, July 19: Supreme Court on Tuesday said that the cases related to matrimonial disputes of Jammu and Kashmir can be transferred to other states of the country in order to provide justice to all litigants. This decision was taken under five-judge Constitution bench headed by Chief Justice TS Thakur. The bench also comprising of justices FMI Kalifulla, AK Sikri, SA Bobde and R Banumati.
According to Article 21, Chief Justice TS Thakur said the Supreme Court, therefore, can transfer the trial of cases from Jammu and Kashmir to other states in exercise of its powers under Article 136. The bench said this while examining the issue as to whether the apex court, in exercise of its powers under Article 136, transfer the trial of cases outside Jammu and Kashmir in the absence of necessary provisions in Ranbir Penal Code (RPC) which applies to the state.

The bench said this while examining the issue as to whether the apex court, in exercise of its powers under Article 136, transfer the trial of cases outside Jammu and Kashmir in the absence of necessary provisions in Ranbir Penal Code (RPC) which applies to the state. The RPC does not have any provision like Section 25 of Civil Procedure Code (CPC) which empowers the Supreme Court to transfer suits, largely involving matrimonial disputes, from one state to another.

To help ease access to justice, cases are usually transferred by the Supreme Court from one high court to another on a petitioner’s request.The judgement came on a batch of petitions including the one filed by one Anita Kushwaha, who had sought transfer of her cases out of Jammu and Kashmir to which former chief justice R.M. Lodha has referred to the constitution bench.