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saurabh (advocate)     29 March 2010

divorce

i got a case in which boy got married on 7th sep 2008 with a gal beacuse he want to apply for a visa in australia...on the basis tht wife is working as accountant in british embassy...latter they again married on 30th novem 2008//with full function...the visa which he applied in the name of wife first got rejected coz he forged some documents..now he applied for divorce in punjab...by stitng tht parties were last resided there which is not true..as parties living in gurgaon..and wife lives in delhi...and said it was love marriage and ntng was given or taken at the time of marriage..and the funtion on 30th is reception party did by girls father...though domestic violence already filled in this delhi...now i want to transfer the case from punjab to delhi...do u have any format of transfer petition..or please help me in tht case...

and in the same case bail application was rejected by session U/s 498a and 406...latter boy moved to high court and it was in the name of boy versus state...bt gal was nt made party to it...i need to contest oon behalf of gal and oppose the bail application...how should i make girl party to tht case...should i file a new case for making her party or in similar case i file an application in high court...pleas etell the various formats...



Learning

 1 Replies

Gundlapallis (Advocate)     30 March 2010

For transfer of cases from one State to another - only Supreme court has jurisdiction, better have a contact in Supreme court and work it out.

 

In 498A cases, the State will be made as a complainant and your party remains de-facto complainant as the offence is treated as offence against the State.  In this case what you can do is you can only assist the prosecution in the interests of the de-facto complainant, with the prior permission of the court.


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