Cases pertaining to matrimonial disputes can now be transferred out of Jammu and Kashmir by the apex court for ensuring access to justice to litigants, the Supreme Court ruled.
A five-judge Constitution Bench headed by Chief Justice T.S. Thakur 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.
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, also comprising justices FMI Kalifulla, A.K. Sikri, S.A. Bobde and R. Banumati said 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.
The judgment 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.
