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DHANSHEKHAR NADAR (andheri)     28 April 2013

Transfer if criminal case

A Faulty Dowry case was filed in TN 17 years after marriage by relative on 8 members of my family, the 1st Accused is her husband itself, 2 A is her FIL who expired & rest of the accused are three sisters of her husband & the husbands of respective sisters. All Of them Live in Mumbai. The main motive of the case was Property as her father in law had made a will regarding all his self earned property to be given to his three daughters. Now with the faulty case , she is threatening us to give back the property or make us arrested as we are not in position to go to to Tamil Nadu everymonth for the court hearings. Her Husband lives with here though being Accused no 1, he attends all hearings & demands arrest warrant for all the Six accused.

As all are residing in Mumbai can the case be transferred to Mumbai & can a Dowry case be lodged after 17 years of marriage where there is sufficient proof that husband & wife are living happily & both Mother in law & father in law no more & all the sisters married and settled in different areas. in prext of acquiring prooperty they are threatening us, Can anybody help us, my email id  nadar.shekhar@yahoo.com, i want this case to be transferred in Mumbai. 



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 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 April 2013

Dear Querist

i dont think so that transfer the case is the solution, you should file a Writ for quashing the Proceeding/Chargesheet if filed otherwise quashing the FIR against all of the SIL and BIL of the wife/Complainant due to false case.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     28 April 2013

Dear Querist,

 

One view has been rightly opined.

 

However, facts given in your query, may form good grounds for seeking and obtaining transfer of the pending criminal case from TN to MH. However, status of the case is something you should consider before you take a decision for filing Transfer Petition in Supreme Court seeking the said transfer. The Hon'ble Supreme Court would definitely appreciate the status of the proceedings of pending criminal case you are seeking to transfer.

 

Trust this would suffice.

 

Rabin Majumder

AoR

SC

New Delhi

Rajendra K Goyal (Advocate)     28 April 2013

I agree with the views expressed by Sh. Qureshi and Nu Delhi .Law Fora.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 April 2013

Nothing left to be added.


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