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Ganesh Nair (Employed)     12 April 2017

Originally posted by : Anonymous Iyer

 


 

 Sir,

i have the following question. I read a query in path legal and an answer was given by  lawyer Chaitanya Lymbachia. So can anyone facing a 498a apply for proceeding the case on a day to day basis? Kindly elaborate.

below is the query that appeared on path legal.


I am a govt servant, working in Gujrat. My family resides in Madhyapradesh. I was married 20 Jan-16. Wife left me in May-16. In Oct-16, my wife has filed false 498a, 506,294,34 (in few days charge sheet will be filed) & DV (in feb-17) against me and my parents in Chhatisgarh (at her hometown). My questions are:
1. After filing of charge sheet, it is really hard to attend trial regularly from Gujrat. Neither my office allows continuous leaves nor my budget allow for this. Can I approach to Supreme Court for transfer of this case from Chhatisgarh to Gujrat or Should I go for 482 crpc in respective HC? Chances of success in both?
2. Maintenance- My wife is well qualified (MBA) & from well settled family, however she is not working. I have also filed RCR before her FIR .What should I do for denial of interim maintenance?
3. Can I file any counter case on her and her family members at this stage?  


 



 You can file SCA to transfer your case in High Court of Gujarat

So it will be easy for you to attend proceedings

Another option is to give application to lower court to proceed case in day to day basis so that within 20-30 days your case may be over

Chaitanya Limbachiya
ADVOCATE, Vadodara, Gujarat
(Click LIKE if you are satisfied with my answer)
 

 
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By Advocate Ashok Kumar Gupta, Patna High Court 
1. It has been held by Hon’ble Supreme Court in a case that if two courts are subordinate to different High courts then only Supreme Court has power to transfer a case pending in any court subordinate to High court to that of court subordinate to another High Court. Therefore, you need to make application in the Supreme Court to transfer a case from Chhatisgarh to Gujrat. Section 482 is not applicable. 
2. She may claim interim maintenance and court may order because she has no income.
3. If you have genuine cause of action, then there is no legal bar on you to file a case against her. 
 

 
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1) No.
2) U cannot deny.
3) U cannot.
Adv Dr Katta Vijayawada
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   In this post  the learned lawyer has opined that the husband can put up an application to lower court to proceed the case on a day to day basis  so that within 20 days your case may be over. Kindly comment and post your views

 

 


 

 

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     13 April 2017

1.  Transfer case in your matter lies in S.C.  If you assure to S.C. that you will pay her travelling, lodging and borading expenses for every date, the court may grant transfer.  Otherwise no hope.

2.  Quash petitions generally won't succeed in HC in these matters.

3.  The court will decide that even after being highly qualified being unemployed is fair on her part or not and on that basis, the court will decide to give maintenance or not.

4.  You have already filed RCR.  If you have really any grievance, then only you can file any other case.  Only for taking revenge, you cannot file case.


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