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inter-state transfer of FIR case

Querist : Anonymous (Querist) 02 February 2010 This query is : Resolved 
Dear Lawyers,

You have advised me in the past and I thank you very much for your help.

It is the same case, not progressing at all. Here is a brief update.

My friend left her husband (in Bangalore) and moved to a small place close to Vizag.
She filed FIR in Bangalore in July 2008. She was toold by the lawyer that she should file it in Bangalore because that is where she lived before separtaion. She also filed for maintenance of children etc. He has not given her much money at all. After many appearances in the court, my friend has achieved nothing, except the travelling expenses and all the emotional trauma and anxiety and fear.

When she wanted to withdraw the case, the lawyer told her that she cannot withdraw, because it can then turn against her.

She is without money and now cannot travel from Vizag to Bangalore frequently. Often she is called to the court and when she reaches the court, she gets told that the husband had asked for a later date and therefore the case has been postponed to a later date. her travelling is all in vain. This has happened far too many times. They are all taking advantage of her vulnerable position, knowing that she has no strong support of men (no father, borthers or relatives), nor does she have financial support. It is cruel to take advantage of a helpless woman. In addition, she has no one to support her or guide her. Her lawyer I think is very corrupt, who is supporting and take sides with the husband instead of my friend. this is all very unfair and very distressing to my friend and her elderly mother and two small children.

I fear for her mental state due to this extreme stress and tension and pain. All this stress is already having a bad effect on her physical health.

It appears that no justice will be done to my friend. It is very unfortunate. Is it possible to get the case transferred to Vizag? What is the procedure? Can her lawyer stop this from happening? Can you suggest a good, honest, compassionate lawyer in Vizag? Could any lawyer take this up on compassionate grounds and take personal interest to resolve this case?

And if a transfer is possible, will the case start from the beginning all over again?

Please help.

Thanking you and God bless you all.
Arvind Singh Chauhan (Expert) 02 February 2010
The case instituted on her FIR needs no daily attendance except summoned by court for evidence, Once her evidence is recorded she need not to be present before the court. In this case she would be pleaded by govt. prosecutor.

Case for maintenance would be filed at the place where she is living now days.
Raj Kumar Makkad (Expert) 02 February 2010
I do agree with Arvind. Your friend should file an application under section 12 of DV Act as Vizag and should claim maintenance and all monetary benefits along-with related reliefs. This is the shortest way. her husband will have to attend the court at Vizag instead of your friend going all the time to bangluru.
Sachin Bhatia (Expert) 02 February 2010
agree with above experts
James Arun (Expert) 02 February 2010

I see several issues. I will address them one by one.

1. Can you let me know what is the FIR about? Under what sections? In which ACMM is it being heard now?

2. You have also mentioned that your friend has already filed a petition for maintenance. Where is this filed? In Family Court or ACMM?

3. As per Supreme Court Orders, the husband has to pay the wife, all travel expenses in relation to her attending courts, in addition to regular maintenance. We can check this out after we get more information on this case.

4. Transfer of cases is possible, but you need to weigh the advantage of transfer vs settlement. It is always good to settle most matrimonial cases via settlement method, especially if children are involved.

5. I also need to know if your friend has filed for divorce and/or custody.

Please inform so that we all can guide you appropriately.

Querist : Anonymous (Querist) 03 February 2010
Dear All,

Thank you for your kind response and advise. I really appreciate the way you reply so promptly every time.

I will find out all the details from my friend and let you know as soon as possible.

God bless you all.
Querist : Anonymous (Querist) 11 February 2010
Dear Mr. James,

I have just received the information for you questions.

1. What is the FIR about?
It is on Domestic Violence and Dowry harassment.
2. Under what sections?
Under section 498 A on 30 June 2008.
3. In which ACMM?
6th ACMM, Nruptunga Road, Bangalore.

Maintenance petition filed under Domestic violence at the same ACMM. No: 760/2008. they took the statement from my friend on 31 July 2008.

My friend was not aware that she could claim for the travel expenses. Her lawyer did not give her that information. My friend did not keep the train/bus tickets etc.

My friend has not applied for dicorce yet. Her lawyer is suggesting that she apply for divorce in Vizag.

Thank you for asking for all these details and taking this interest. God bless you for helping a helpless and misguided woman.

Querist : Anonymous (Querist) 16 February 2010
Dear Lawyers, I have sent info reg the questions asked by Mr. James Arun Kumar. I am not sure if you have received it. I am resending it. Please forgive me if this is a resend. Looking forward to your valuable help.

Thanks and God bless.

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