Supreme Court can order for transfer of cases out of J&K to any other State in India.
Chief Justice T.S. Thakur headed a five-judge Constitution Bench which considered the fact that the local laws of Jammu and Kashmir as of now do not provide remedy for seeking transfer of the cases outside the State at the request of a litigant.
The Supreme Court ruled that Matrimonial Dispute Cases can now be transferred out of Jammu and Kashmir by the apex court in order to ensure that every litigant has access to justice.
The provisions of the Civil Procedure Code and the Criminal Procedure Code which deal with transfer of cases, as applicable to the entire Nation, are not applicable in Jammu and Kashmir.
The Bench, included Justices FMI Kalifulla, A.K. Sikri, S.A. Bobde and R. Banumati.
They ruled that the apex court can under the exercise of its Constitutional powers transfer the cases out of the State to ensure access to justice, a key right available to all litigants under Constitution.
This judgment has come in a batch of petitions including the one filed by one Anita Kushwaha. She had sought transfer of her cases out of Jammu and Kashmir.