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Suchitra Basu ( )     05 June 2011

Please help me


   My self Suchitra Basu Form Calcutta. I got married late 2008. With in 2 months of my mirage I had conflict with my husband (who is staying in Chennai) & came back to Calcutta & never returned. And joined the company where I was working before my Marriage.

Now the real problem started. My Husband filled 3 Divorce cases against me from Chennai. 1> Case under Desertion. 2> Case under Adultery including my Boss. 3> Case cheating him & his family.

It’s very difficult for me to travel to Chennai almost every month & I don’t know that city & local language too. Now my questing is?


1>      Can I transfer that case to Calcutta? My lawyer told me that, its not possible as these cases are criminal case.

2>      Can I claim DB. My lawyer told me it’s not possible because DB is not applicable under Deserting, Adultery & Cheating case.


Since he (My husband) has involved my boss in Adultery case, therefore I may loose my Job too. My father is a retired employee. No one is there to support us. How can I survive? If all above are true, then may be I will not have any way then kill myself. Please suggest me, what I can do in this moment. How can I transfer those cases to Calcutta? Please help me…..







 8 Replies

Tajobsindia (Senior Partner )     05 June 2011

@ Author

1. If NO FIR lodged till date in his Jurisdiction then you can always approach Hon'ble SC and ask for transfer of all cases into your State against you stating the posts grounds before Lordhsips Bench. beleive me it is just 2 -1/2 minutes task for Lordhsips to allow such transfers and pop you come out smiling from CR of Apex Court :-)

BTW, suicide is no good option for anyone instead it creats more problems into lives of left behind person(s) including your family !

Arvind Singh Chauhan (advocate)     05 June 2011

Only doors of SC can be knocked for such transfer of the case.

Md Shadab Ansari (Law Student & Human Rights Activist....)     05 June 2011

Agree with above advise the only way is to move SC for transfer of your cases.

Vishwa (translator)     05 June 2011

If this person has the means to fight a case in SC, she might as well travel to Chennai and face her husband. I would like to suggest that she should contact some NGO in Chennai to work out a compromise.

Suchitra Basu ( )     05 June 2011


1> What type of FIR you are talking about?

2> How to approach SC? Which ground should be the best way to approach SC? Can it Done without my husband’s opinion? Else he may show his own ground, for not to transferring the case to Calcutta? How long it takes? Shall I have to Travel to Delhi for that???

I don’t know anything about law. I am in great trouble. Please help me…..



rajshree (freelance)     06 June 2011

  1. You can get transfer. Apply in Supreme Court
  2. Matrimonial case transfer to other state is not difficult
  3. Supreme Court will also first try to mediate between you
  4. Dont think about suicide. Everything will be ok
  5. Adultery case is difficult to prove, dont worry
  6. Explain your office about your problem
  7. What is DB?

Tajobsindia (Senior Partner )     06 June 2011

Originally posted by :Suchitra Basu


1 What type of FIR you are talking about?



 1. What I mean to say is that in both Adultry and Cheating case if a FIR is lodged then re. 2007 (1) SCC (Cri) 336 Manish Ratan and Ors. Vs. State of M.P. and Anr., Hon'ble Supreme Court has opined that in view of Section 177 of the Code of Criminal Procedure 1973 territorial jurisdiction would have to be considered with reference to the place where cause of action accrued.

The language of your post showed distress hence I reacted with my opening para 1. However now I realise that no FIR it seems is lodged against accused persons so it remains in plain complaint stage before either a Police Station and or before a
Magistrate Court in your husbands jurisdiction hence SC can transfer all three cases to Kolkata based on your grievances mentioned in your opening mail.

You need to hire a Ld. Advocate on record at SC in Delhi to help you and or if you can be helped by a local ld. Advocate in drafting then you can even e-file a TP i.e. transfer petition before SC and watching the SC cause list you can also appear as party in person and get all three cases transferred to your State that way you can save money on legal fees.


Vijay Nayak (NA)     06 June 2011

I agree with Mr.Vishwa, sit and compromise, settle once for all,

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