Case Transfer
Neha Bajaj
(Querist) 27 August 2016
This query is : Resolved
Respect Sir...In my case of Execution for Interim granted in 125 my husband was not presenting in court this court and was presenting in the case of 498a. One day both the cases were on same day so we managed to brought him in the court where execution case were pending and my husband refused to pay the interim maintenance and he is sent to custody and after one month he got ready to Pay Little amt with undertaking that in next hearing he will satisfy one Execution amt abt 30 K out of 3 Executions but after that he has not attended the court. On the other hand the Judge is very liberal and not listening our request which are always as per law. On issuing the conditional warrant it is come in picture that they have changed their residence as hey were living on rent ( my husband and his mother) . We requested no of times to court tha this person will not come back so should not be released without taking the all amts of Execution but Judge has not listned and released him. Now we requested to court that they have changed their residence and not informed to the court but Judge has simply given the next date. We requested that responded is not teachable and not attend in the court even after he has given the undertaking but no benefit Now my query is 1) Can we transfer our cases to some other court if yes then what is procedure for that and long it will take and can we request to transfer our execution cases in any particular cases like where our 498a cases is pending 2) How long it will take to declare him p.o if he is not turning as no hope he will attend the case to pay the interim maintenance
P. Venu
(Expert) 27 August 2016
The facts posted suggests that the 498A case is less than genuine; it is natural that court may not take a harsh stand. You should not pursue the 498A case just to get a leverage against the husband and the inlaw.
Devajyoti Barman
(Expert) 27 August 2016
1. This is not enough reason to transfer the case.Anyway you can try by filing transfer petition in the CJM Court or in High Court.
2. It takes time to declare P.O.
Rajendra K Goyal
(Expert) 28 August 2016
Agree with the expert Devajyoti Barman.
Neha Bajaj
(Querist) 29 August 2016
Mt. P.VENU...Here in my query post I have not given the case details and facts of 498a case as it was not required . All my queries were linked to my execution case so this is the reason that it is looklog less than genuine to you. Any way thanks to you for your valuable time to respond on my query. ...As my husband and in laws are not traceable so can I put on social media to search them
Neha Bajaj
(Querist) 29 August 2016
Mt. P.VENU...Here in my query post I have not given the case details and facts of 498a case as it was not required . All my queries were linked to my execution case so this is the reason that it is looklog less than genuine to you. Any way thanks to you for your valuable time to respond on my query. ...As my husband and in laws are not traceable so can I put on social media to search them
