Can i request court for transfer of case of 498a
Rahul Dhingra
(Querist) 14 September 2013
This query is : Resolved
Dear All,
My wife is file the Fake 498A and DV on me. just wanted to know if there are any possibility if I can file an transfer of case request to court as my wife staying in Delhi and I am staying in Faridabad and she filed the case in Rohtak.
Also I have RTI Copy where the police officials file the FIR without investigation
Also My mother and Father are both Diabetic and BP patient is there any way i can request for non-presence of my parents.
Kind Regards
Rahul Dhingra.
V R SHROFF
(Expert) 14 September 2013
Rahul,
YES You can :
if your mother and Father are both Diabetic and BP patient, you can request for non-presence of your parents.
Rahul Dhingra
(Querist) 14 September 2013
Hi sir thanks a lot I also wanted to know for this I need to file the case in high court or just in the same court
Rajendra K Goyal
(Expert) 14 September 2013
You can prey the same court through your counsel.
ajay sethi
(Expert) 14 September 2013
make application for exemption from person appearance of your parents in rohtak court . transfer of case is doubtful . convenience of wife is taken into account by courts .
Rahul Dhingra
(Querist) 14 September 2013
Dear Ajay sir my wife is staying in Delhi and working in gurgaon I have all documents of proof that she is staying in Delhi. Only her parents in Rohtak. Also I have filled some rti where it was clear that the FIR filed by the officials are without investigation and no domestic voilence happen in this case. In that case can I request court to transfer the case to gurgaon or Delhi
Rahul Dhingra
(Querist) 14 September 2013
Dear Ajay sir my wife is staying in Delhi and working in gurgaon I have all documents of proof that she is staying in Delhi. Only her parents in Rohtak. Also I have filled some rti where it was clear that the FIR filed by the officials are without investigation and no domestic voilence happen in this case. In that case can I request court to transfer the case to gurgaon or Delhi
Rahul Dhingra
(Querist) 14 September 2013
Also can anybody suggest me any good lawyer in Rohtak who can fight the case on rti and other proof I have.
O. Mahalakshmi
(Expert) 14 September 2013
You can not ask the court to transfer the case. As the complainant address was her parents residence. But you may get exemption not to attendd court of your parents.
V R SHROFF
(Expert) 14 September 2013
YOU CAN CHALLENGE THE JURISDICTION OF THE HON'BLE COURT WITH PROOF OF HER RESIDENCE.
V R SHROFF
(Expert) 14 September 2013
YOU CAN CHALLENGE THE JURISDICTION OF THE HON'BLE COURT WITH PROOF OF HER RESIDENCE.
The case will either be transferred or dismissed.
Nadeem Qureshi
(Expert) 14 September 2013
Dear Rahul
you can file a transfer petition before HC tp transfer the case in faridabad or gurgaon court but if you want to transfer the case in Delhi then you have to file the transfer petition before SC.
if both of your parents are patient then you can file an application before lower court/trial court u/s 205 of crpc for exemption of personal appearance.
Feel Free To Call
Rahul Dhingra
(Querist) 14 September 2013
Dear all thank you so much for your valuable opinions. And suggestions you are requested to please suggest some good lawyer.
Dr J C Vashista
(Expert) 15 September 2013
If your wife is residing in Delhi and you have proof, apply to the Court to dismiss the petition with evidence.
Your parents can seek and get exemption from personal appearance through your counsel u/s 205 Cr.PC
