Civil Procedure Code (CPC)

Transfer of case under Jurisdiction clause


Hello Respected Members,

Needless to say how abusive Dowry Laws in India are becoming and we are one amongst several thousands of victims who are implicated in false dowry cases. We(6 members) have been slapped with 498a and 3&4 of DP Act. By god's sake, we could able to approach Hon'ble High Court, Andhra Pradesh and got the stay of arrest in time to avoid arrest, however we had to surrender A-1 and get him back on regular bail in 3 days. Let me give you some brief information abt the case before posting my question.

- Date of Marriage : Nov' 2008
- Place of Marriage: Remote District in AP
- Stayed as joint family till Feb 2009 (i.e. 3 months)
- Wife and Husband were staying separately from Feb onwards . Parents and brother/sis-in-law of A-1 still continued in Join Family.
- Wife working in a Govt Organisation in Hyd and husband in a MNC
- Wife filed 498a , 3&4 of DP act in July 2009 at her native (This is for various one sided demands like transferring property to her name, hubby to cut off relations with his family etc etc.. it will take away 10 pages to list her wish list)

Except for their marriage, hubby never visted wife's home town during their 8 months of marriage and in FIR wife clearly mentioned that she is working in Govt. Organisation in Hyderabad. Here is the first para extract of Charge Sheet filed by Police. Isn't this a clear violation of Jurisdiction by the police who themselves agreed that all the incidents occured prior to the date of FIR at Hyderabad? Kindly pass me your valuable suggestions if this can be a clear case for

1. Transfer of Case to Hyderabad

2. A ground for quashing Charge Sheet.
 

This is the case of subjection LW-1/victim Smt. XXXX for harassment both mentally and physically in count of additional dowry and on other counts by the accused A-1 to A-6, i.e. husband and in-laws of LW-1 which occurred prior to 30-07-2009 at Hyderabad . The place of occurrence is falls under the limits of Police Station YYYY and within the territorial jurisdiction of this Hon’ble court

 
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Scientist

Hi
 
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Scientist

Hi, Being the wife matrimonial place is Hyd and wife did not live with husabnd at her native place certainly the witnesses of the case can not be from her native place. You can approach the High Court saying: at wife place accused never lived and the accused side witnesses are from Hyderabad. The accused side witnesses are residents of Hyd and are women (senior citizens). Conductng the trial at wife palce were accused has not any friends and relatives leads to mis carrige of justice and also inconvenient to face the trial. Accused side witnesses wont prefer to travel and give the facts details in wife place court. site verious reasons and file the quash or trasfer in High Court.
 
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