Clarification on jurisdiction
Feather in a cap 498A
(Querist) 17 January 2012
This query is : Resolved
Dear Learned Members
Kindly advise,
Me and my wife were residing in Dehradun(Uttrakhand). Then things went wrong and she went to her parents home(Delhi) and gifted the 498A package to me and my family members. My query is
1-If we were living in Dehradun-Can she file a case against me in Delhi?
2-Now when she had filed 498A in Delhi is it possible to tranfer the case to Dehradun as she always take the pleasure to come to court but i am the one who took the pain travelling 300kms every time on court dates?
3- If yes(the case can be transferred) whats the process.
ajay sethi
(Expert) 17 January 2012
if she is staying in delhi she can file in delhi .
no case cannot be transferred to dehradun . convenience of lady is laways paramount . being a lady she will have to travel long distances plus she may oppose on grounds that there may be threat to her life .
husband has to travel .
Advocate. Arunagiri
(Expert) 17 January 2012
You can seek your personal appearance dispensed with. talk to your advocate.
Deepak Nair
(Expert) 17 January 2012
1. Since the wife is resident of Delhi, she can file case in Delhi.
2. No. Transfer of case to Dehradun is not possible. You have to attend the court on every date.
Mr. Arunagiri has given you a remedy. You can ask your lawyer to seek your exemption from personal appearance till the stage of hearing. If it is allowed, you will be called only when your presence is necessasry.
Rajeev Kumar
(Expert) 17 January 2012
Yes agree with ld.experts
Raj Kumar Makkad
(Expert) 17 January 2012
I have also similar opinion as expressed above by learned experts.
Sudhir Kumar, Advocate
(Expert) 17 January 2012
Transfer of case to Dehradoon is the power of Supreme Court. If you have valid ground then go ahead and spend more time and more money than you may require for defending case in Delhi. Keep cool save time and money for proper use. Lucky man who can come to Delhi by overnight journey. I have seen people living in Mumbai facing 498a case in Andhra Pradesh. Resident of Varanasi facing trial in Mumbai.
Shonee Kapoor
(Expert) 17 January 2012
If she alleges any action/ cruelty in Delhi, she can file a case there.
Yes, but then why not try to quash the case.
If you need any help in Delhi, feel free to contact me.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 17 January 2012
I think that fighting 498a in Delhi than Dehradun.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
