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SAMEER AZAD (System Administrator)     13 February 2012

Counseling agree (writing) vs hearing disagree (verbally)

I filed restitution of conjugal right against my in-laws in 16 Apr 2008 at my home district Giridih and raised request to pass an order for my wife to accompany me. She filed a transfer petition to move my conjugal Right case from Giridih to Dhanbad. We both were counseled at high court where she denied accompanying me in written and the transfer petition is dismissed. I got decree (ex-party) on 03 July 2010. My wife appealed against the decree at high court and the appeal is dismissed.

In addition, my wife filed a case against me on dated 17 Mar 2009 U/S 323,498A, 406 and Dowry Prohibition act u/s 4. Also she filed for maintenance u/s 125(4) at district Dhanbad, her native place.

During hearing of case “u/s 323,498A,406 and u/s 4 of Dowry Prohibition Act”, Magistrate sent us for counseling, where she agreed to live with me in written. Thereafter case sent back to the Magistrate with counseling report and when Magistrate called us on hearing. During hearing on 13 Feb 2012, she denied accompanying me orally. Now, Case is ordered for charge.

My queries:

1.         Is there any rule / provisions for time limit for the finalization of the case?

2.         What can I do for Fast Track finalization of the case?

3.         If someone agrees in written at counseling and later on denies verbally in front of magistrate. What should I do in this circumstance?

4.         Can I file for Divorce, as I am separated since 4 years?

5.         Will she get Maintenance in these circumstances?

6.         Can I proceed for marriage as case is going lengthy and has no laid down time limit for dismissal?       


 4 Replies

B.N.Rajamohamed (advocate / commissioner of oaths)     14 February 2012


You seem to be a mohamedan. As per the sect rules you have the permission of marrying 4 wives inspite of the pendency of the cases on matrimonial grounds.

As your estranged wife has reciled fom the earlier statements before the magistrate she is entitled to be tried and you have to face the trial. 

SAMEER AZAD (System Administrator)     15 February 2012

Sir, Please tell me the answer of my quires, including following questions:

7.         I am a defence Personnel working in Air Force in Assam, Can I file Transfer Petition in Supreme Court for transfer the case from Jharkhand to Assam. As I have to take leave now and then to attend the hearing.

8.         How I can use my Armed Force previlage, to get hearing dates during leave period only.

Chaitanya_Lawyer_Mumbai (Lawyer)     15 February 2012

You can file for divorce on desrtion(2 years) & cruelty grounds in any of below places.

You may apply for transfer of criminal case to supreme court.


19- Court to which petition shall be presented.
  Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction-
    (i) the marriage was solemnized, or
    (ii) the respondent, at the time of the presentation of the petition, resides, or
    (iii) the parties to the marriage last resided together

Dr J C Vashista (Advocate)     15 February 2012

Generally family law favours female and do not transfer the case at the respondent/husband's residence or place of duty.

Due to excigencies of service (in Air Force) you can seek permanent exemption from personal appearance in the Court u/s 205 Cr. PC where you shall be represented by your lawyer.


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