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ram   22 January 2015

How to transfer 498a case to neutral venue? due to fear.

I am expecting false 498a from my in laws from uttar pradesh. How to transfer the case (if they file) to a neutral venue?

My in laws have political connections. They have given life threats as well, saying once u come to UP.

- They will bribe police and beat my family up

- they will hire goondas to beat my family or even give supari

I am afraid of all this, since they have 498a as a tool to put my family in jail, and NO anticipatory bail is allowed in Uttar Pradesh My life is messed up.

 



Learning

 6 Replies

Prasad (Systems Engineer)     22 January 2015

Hi Ram,

Cowards only give threat. I really mean it.

They just want to ride on your fear.

PLEASE STOP FEARING.

 

I have gone through similar phase and that coward FIL never did anything in the last 2 years.

In fact, that coward FIL goes out of town on case dates.

 

After you receive summons for the case, contact a lawyer for the legal procedure. Then just go on.

 

Take precautions. Always go with couple of relatives or friends.

Give a written complaint in a local police station about your fear of in-laws.

Send the complaint copy to your in-laws home address.

With these details, ask your lawyer to apply for case transfer.

 

But no need to fear. Fear drains you out and does not help at all.

 

If possible, I suggest you expose your in-laws intention to media or face-book or to his relatives.

This will deter him from doing any harm to you.

 

Buy a good smart phone and record all conversations with other party and also try to video tape any incidents. This will serve as a proof for you.

 

I think, at this stage, you might want to go for divorce.

If it is so, prepare a divorce notice mentioning all the atrocities of the other party along with dates.

Then send the notice when they least expect it.

File the divorce case on cruelty.

When your false 498a gets proved, you will get divorce.

ram   22 January 2015

@prasad

 

Thank you for your valuable information.

However, I am left with an unanswered query!! about transferring the case to a neutral venue.

Please put some light on my specific query.

suman (x)     22 January 2015

Before they file 498A, you Immediately file an RCR by mentioning that "She has left you without any proper reason & despite of all her guilty you want to get her back" & secondly file an application to the SP/DSP that your wife is threatening about  false 498A.

Both will help you if they file 498A. Even your if they further file maintenance case RCR will help you a lot

jack (nothing)     22 January 2015

@suman RCR is a bad idea it won't help any where and there is no weigh stage for it. It will create lot of issues later. I agree on your 2nd point.

ANAMIKA VICHARE (LAWYER)     27 January 2015

Please do not get afraid, that is not solution to your problem.   Be prepared to face that comes up....You now well know that the other party is a political party and might lodge false FIR/Might send Goondas...etc....Do not worry about anticip`atory bail As the Supreme Court's latest guidelines somewhere in July, 2014 "Not to Arrest in laws except with the order of Magistrate...  Everybody is facing this problem.... o not file anticipatory, if the police arrest you at all, letthem arrest, you file regular bail appln, you engage one of your local laywers, give him all details and all documents for surety, hat is , Birth proof documnts, residential proof doc, @ photos each of accused/sureties, financial statements, salarly IT reurns, Pension Book, Bank Statements whicheve is possible....Always keep in mind...If threre is night, there is dawn...This is life cycle, you have to think about solution and then keep ready everything...n relax

Never file RCR, file Divorce Petn but only after getting bail

further advice only on email

 

anamika_vichare@rediffmail.com

 

Purushhakka Saurakshan Samittee

saravanan s (legal advisor)     27 January 2015

if u want to transfer the case within the state then file a transfer petition in the high court..if its between states then in supreme court..but usually when guys ask for transfer its not granted


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