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Ranjan (Manager)     28 January 2014

Provision for transfering the case

As i have trapped in 498A and 125 for maintenance , we are looking for AB .The case is filed in Home town of my wife which is almost 2000 KM from my present stay.

In procedding i need to frequent attend the court which will be a hard task for me , i am in a private service and may not get the frequent off.

Is there be any provision in law to transfer the case to my present place? If yes then pl guide me.



Learning

 4 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     28 January 2014

Ranjan,

If you are wife is in other state then you have to file Transfer Petition before the Hon'ble Supreme Court of India. But mind it there are very less chances of transfer of cases against your wife.

 

Rajiv Bhasin 

Advocate 

Bhasin Legal Consultants

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 January 2014

apart from the above opinion of expert, you can file an exemption application before court under section 205 of crpc for exemption for personal appereance, the court has power to do this. feel free to call

Ranjan (Manager)     29 January 2014

First many thanks to both people for your valuable advice....however being the prime accused in this ...will it be possible the court will grant me in crpc205.

Where i need to file this ,in same court ?

If rejected then whan i should do????

Pl advice

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 January 2014

I doubt if the girl is staying 2000 KM away from you, the SC would transfer the CrPC 125 and 498a case to your jurisdiction, it would be a waste of time, money and efforts.
 

Better seek exemption and fight the cases on merits.

 

Regards,

 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.
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