Domestic violence and 498a
practicing advocate
(Querist) 05 May 2018
This query is : Resolved
Respected Learned Counsel,
One of my client's wife after the two months of marriage has filed a domestic violence case against my client who is a husband,father in law and mother in law at kerala.Simultaneously she has also filed a 498a case against my client.Now my client is staying at Mumbai so he wants to transfer the whole cases to Mumbai.Now coming to the crux of the matter It is my humble request to the experts that is it possible to transfer the cases from kerala to mumbai?
will my client's father in law and mother in law can file a dv case against daughter in law?
Is it possible to declare such marriage as null and void on the ground of establishing no physical relationship?
Dear expert i have read the book regarding the transfer of petition within the state and different states also but still i want your suggestion because based on your opinion and doing a research i have won two cases in my life so i would express my gratitude to the lawyers club india and the experts team for their wonderful contribution.please provide me your valuable guidance to resolve this issue.
Guest
(Expert) 05 May 2018
Are you really a lawyer? If so, is there any specific reason to keep your profile as blank? If not, how you are concerned with the case?
practicing advocate
(Querist) 05 May 2018
Respected Learned counsel everyday is a new learning in the field of law but answering your question i am a lawyer and second thing my query is not resolved so please try to help me if it is possible for you
Guest
(Expert) 05 May 2018
Not convincing. You have not spoken even a single word, why you kept your profile blank, if you are a lawyer.
So far, your queries had been merely of academic nature. Even the description of your present query reveals that you don't have enough knowledge of law and court procedures, when you don't know who can file dv case and when and how the case can be transferred from one court to the other within the state or outside..
However, if you are a budding lawyer, better work as a junior to some well experienced lawyer, rather than working independently, as you are likely to get failures more than any success in your career. The case, if a real one, should be fought under the guidance of your seniors. You cannot get 100% spoon feeding through your casual nature of queries to fight dv like serious cases.
Vijay Raj Mahajan
(Expert) 05 May 2018
Rightly said by Jigyasu, you're not experienced lawyer.
You have no knowledge that DV complaint can be filled only by woman not man and that too if the woman was living in domestic relations with the respondent. Respondent can be another woman, even a daughter in law. Father in law cannot file DV complaint but mother in law can do it.
Transfer petition for pending civil case can only be sought from one district court of a state to district court of another state by filling transfer petition u/s 25 CPC in the Supreme Court of India, not possible in this case as it's criminal proceedings not civil proceedings under the CPC.
Absence of matrimonial relationship between parties is not ground of divorce unless one has refused it the other party can seek dissolution of marriage on the ground of cruelty. Non-consumption of marriage due to impotency of respondent is ground of annulment of marriage not divorce, don't confuse the two.
Guest
(Expert) 06 May 2018
You may better read the provisions of law, as quoted by Shri Vijay Raj Mahajan. That may help you to update your knowledge, if you really have any such case in your hand.
But still, if you are novice in law, I would like to advise you to get the case handled by some well experienced lawyer in family laws, rather than playing with the fate and money of your client, as the stage of mishandling of the case can arise any time if the other side lawyer is knowledgeable and smart.
T. Kalaiselvan, Advocate
(Expert) 07 May 2018
Under very exceptional cases the criminal cases can be transferred from one state to another, for example, the DA case of former chief minister late Ms. Jayalalitha was transferred from Tamilnadu to Karnataka and that was a criminal case.
If your client is ready for bearing the expenses for transfer case and also prepared to face the disappointment as a result, you may proceed to file a transfer petition before supreme court for transferring the criminal case as per your proposal and desire.
If the duration of marriage is within one year from the date of marriage preceding the date of filing the petition, an annulment petition may be filed for annulling the marriage on the grounds of non-consummation of marriage due to refusal by the respondent or impotency of the respondent.
In case it is more than a year, then a petition seeking divorce on the same grounds citing mental cruelty as ground for divorce can be filed.
The mother in law can file a DV case against her daughter in law but not the father in law.
