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Mahadev   30 June 2015

498a transfer sc

Respected Lawyers/Members, I am contemplating filing a transfer petition in SC for transfer of my 498A Case to my jurisdiction as the FIR alleges the cruelty happened in my city. 1) I want to know when such a petiton is filed , whether my wife would come to know that i have filed it . If yes how or its only after the transfer is effected and the order reaches the trial court where my wife has lodged the case will she come to know. 2) How will i come to know in case after the order is passed in my favour , she comes to SC and tries to transfer the case to her place again . 3) She lives in a diff. city , her parents in a diff. city , she alleges cruelty happened in my city , case is lodged in a diff. city by writing false statement in FIR that she stays in that city without any proof. In such a case if i fight for transfer will SC consider my petiiton and rule in my favour or she being a girl can still take the case to the city where she is doing job . Anyways the place where she has put the case doesnt have any jurisdiction. Please help. 4) As chargesheet is not field yet where the case is lodged and if she comes to know before transfer order is passed and she manages police and expedites filing of chargesheet there, will it impact my transfer petition. 5) what is the best time to file Transfer petition i.e Beforechargesheet is filed or after chargesheet is filed and any time during the trial or after chargesheet and before trial.


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 7 Replies

Mahadev   01 July 2015

Please help urgently.

Mahadev   09 July 2015

Please help urgently.

Sudhir Kumar, Advocate (Advocate)     09 July 2015

1) I want to know when such a petiton is filed , whether my wife would come to know that i have filed it . If yes how or its only after the transfer is effected and the order reaches the trial court where my wife has lodged the case will she come to know.

YOU JUST CANNOT FILE SUCH CASE WITHOUT MAKING HER RESPONDENT

 

 

Sudhir Kumar, Advocate (Advocate)     09 July 2015

2) How will i come to know in case after the order is passed in my favour , she comes to SC and tries to transfer the case to her place again .

YOU  WILL KNOW THE ORDER FAVOUR OR AGAINST YOU BY APPLYING COPY OF THE SAME AND EVEN ON WIBSITE.  AS FAR AS YOUR WIFE IS CONCERNED SHE HAS EVERY RIGHT TO APPOINT LAWYER TO RESIST THIS APPLICATION.

 

 

Sudhir Kumar, Advocate (Advocate)     09 July 2015

3) She lives in a diff. city , her parents in a diff. city , she alleges cruelty happened in my city , case is lodged in a diff. city by writing false statement in FIR that she stays in that city without any proof. In such a case if i fight for transfer will SC consider my petiiton and rule in my favour or she being a girl can still take the case to the city where she is doing job . Anyways the place where she has put the case doesnt have any jurisdiction. Please help.

IF YOU FEEL THAT THE CONCERNED COURT DOES NTO HVE JURISDICTIONTHEN CHALLNAGE THAT POINT BEFOR EHIGHER COURT INSTEAD OF WASTING A BAGFUL OF CURRENCY.

 

 

Sudhir Kumar, Advocate (Advocate)     09 July 2015

4) As chargesheet is not field yet where the case is lodged and if she comes to know before transfer order is passed and she manages police and expedites filing of chargesheet there, will it impact my transfer petition.

CANNOT STEAL A CAMLE HINDING BEHIND A BUCKET.

 

Sudhir Kumar, Advocate (Advocate)     09 July 2015

5) what is the best time to file Transfer petition i.e Beforechargesheet is filed or after chargesheet is filed and any time during the trial or after chargesheet and before trial.

SINCE FULL FACTS OF THE CASE ARE NOT CLEAR IT CANNOT BE STATED THAT WHETER AT ALL ANY TIME WILL BE SUITABLE TO FILE THIS CASE OR WHETHER FILING OF SUCH CASE IS AT ALL ADVISABLE.


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