Uma Maheswara (consultant) 19 October 2012

Transfer 498a case from orissa to a.p

Dear Legal Experts,

My wife has filed a false 498A case against me and my parents in her native place Rayagada,Orissa. She filed for Divorce and Maintenance cases in Visakhapatnam. My wife and her family are from Andhra Pradesh and are residing in Rayagada as they have their own house there. Even the learned judge talks in Oriya at Rayagada. We am finding it difficult to follow the case as they are talking in Oriya purposely and sometimes in Telugu/English. Some statements are recorded in Oriya which we had got them translated into English for understanding purpose.

1. As the Divorce and Maintenance cases are running in Visakhapatnam, Is it possible to seek the case to be transferred (as we find it difficult to follow in Oriya) to Visakhapatnam as it will allow us to follow the case? If so, Should I approach the Orissa High Court for transfer of the case?

2. Chargesheet not provided to us in 498A case. Can I obtain thru RTI application the chargesheet and 161 statement? Whom should I address the RTI Application?

With Best Regards,

Mahesh

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Goutam Prasad (Advocate) 19 October 2012

For getting the case trasferred from Orissa to AP, you need to file Transfer Petition in Supreme Court and not in any HC.

As far as copy of FIR and chargesheet is concerned, they are your right and if you have not been provided with copy thereof, you can ask the court where the case is pending to provide. These falls out side RTI jurisdiction and you will get nothing through RTI, being personal information not of public importance.

If the concerned court does not provide you with copies there of on oral statement, you can make proper application for the same and if it is rejected, you will have option to move HC.

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