Transferring of cases from one state to another
Username12345
(Querist) 08 July 2017
This query is : Resolved
Hello Experts,
I need your urgent suggestion. I have filed DVC & 498A against my Ex in Andhra Pradesh ( I was staying there earlier). But now I am staying with my parents in Pune, Maharashtra and it's really getting difficult for me to attend the cases. DVC already got dismissed because of my absence, I couldn't attend due to my ill health. But I don't want to miss on the 498A. Is there a way I can transfer the case? If possible can some prediction be given can to me relating to the charges. I will be really thankful for guidance. Thank you.
Username12345
(Querist) 08 July 2017
Yes I am the querist a registered person on this site who has login n password. Can you please clarify what you mean. Whatever I understood I replied.
Username12345
(Querist) 08 July 2017
Do you mean that my user ID is not valid
S.B.adil rahman
(Expert) 09 July 2017
The case under section 498A IPC is a Sate versus your husband perhaps and not a private case(complaint case)? If it is so then in Andhra Pradesh you have only to attend once and that too when the court summons you in which your deposition and cross examination will take place. I do not think there is any cogent reason for you to seek transfer of the case to Maharashtra which is/being or has been investigated by Andhra Pradesh police. For prediction about charges ,I would say that no legal consultant is a astrologer or palmist. For getting the idea or substance you can file an RTI Act application to the SPIO of Andhra Pradesh police or entrust some advocate's clerk to get the certified copies of 498A IPC case from court records. The only authority to transfer the case from one State to another is Apex Court. But now-a-day the SC is not encouraging such transfers on weak grounds unsustainable under the law. The Apex Court will also consider that why should case not be transferred from AP to Maharashtra which will depend on the submission of State of AP and also your husband because all the witnesses perhaps are from AP including the police officer who will be deeply in trouble along with the other witnesses from Hyderabad for attending court in Pune during trial.
Kumar Doab
(Expert) 09 July 2017
You can benefit from the advice of expert.
Dr J C Vashista
(Expert) 11 July 2017
Anonymous author with smart adopted name as "username 12345", no reply.
Username12345
(Querist) 11 July 2017
Thanks a lot for your valuable advice.
You are right I need to be called just once to give the witness. But till now I have attended the court thrice. First time opposition lawyer was not well. Second time my Ex was not well and third time everyone was just given dates for next hearing. That is the reason I'm frustrated. I dont have any financial support since 9years and also no one to look after my kid in my absence. My parents are also not financially strong enough to support me.
