Husband wife relationship
curious123
(Querist) 28 October 2013
This query is : Resolved
Hi,
My sister has been living at my place for the past 7 months. I worte about this issue in the pas as well. She was not treated well at her in-lawas house. After waiting for 7 months and trying to sort out the matter, when things did not change, we decided to file a case in the district court(CJM court). We wrote all the hardships she had went through at the in-lawas house and also, asked for monthly maintenace from her husband.
Now we have reeived a summon from the family court of their town(her in-laws are in Nasik and we are in uttarakhand), asking her to be present at the court on November 27. They have made false statements in the notice like - We tried to contact her, we were going to fetch her, when the summon came, etc.
How do I take care of this situation. Please suggest if we have to abide by the family court's decision to go to Nasik, especially when my sister is unemployed and the journey takes at least 4 days from uttarakahnt to Nasik. She has no money, and my father is old and ill right now. And i am busy with my job.
Regards!
Devajyoti Barman
(Expert) 28 October 2013
Do not worry. File a transfer petition in supreme court. The case would be transferred to your place.
In the meantime your sister can file for her maintenance at Uttranchal.
Rajendra K Goyal
(Expert) 28 October 2013
The case would be transferred to your place on filing a petition with the Supreme Court.
R.K Nanda 
(Expert) 28 October 2013
agree with experts.
Ms.Nirmala P.Rao
(Expert) 28 October 2013
File a transfer petition before the Supreme Court. In transfer of matrimonial proceedings initiated by husband against wife-the convenience of the wife must be looked at - Smita Singh vs. Kumar Sanjay and another-AIR 2002 SC 396. If you wish to thank me for this reply please click the Thank You button on my profile.
curious123
(Querist) 29 October 2013
Hi,
While we file the petition in the Supreme court, will she still need to go to Nasik for the case in the family court, until the petition is looked at Supreme Court.
Regards!
curious123
(Querist) 29 October 2013
Please assist with this question aswell.
Regards
curious123
(Querist) 29 October 2013
Please assist with this question aswell.
Regards
curious123
(Querist) 29 October 2013
Hi
Please help.
Regards
prabhakar singh
(Expert) 29 October 2013
If you file the transfer petition earlier than the date shown to be fixed in summons served and pray for stay of proceedings the supreme court shall grant stay and your sister would not need to appear before court at NASIK.
IN CASE YOU DELAY IN MOVING TRANSFER YOU MAY NEED TO ENGAGE A LAWYER AT NASIK TO APPEAR IN CASE.
YOUR SISTER CAN CLAIM ALL EXPENSES OF CASE AS WELL AS HER MAINTENANCE BY AN INTERIM ORDER IN CASE PENDING AT NASIK.
Ms.Nirmala P.Rao
(Expert) 29 October 2013
I concur with Shri Prabhakar Singh Ji.
V R SHROFF
(Expert) 29 October 2013
file trf case in SC,
inform parties.
agree with experts.file mtn dv etc at ur residence court
Devajyoti Barman
(Expert) 29 October 2013
Once transfer petition is filed, the SC would grant stay of proceeding. So she need not attend the Nasik court as long as it is pending.
ajay sethi
(Expert) 29 October 2013
agree with experts
V R SHROFF
(Expert) 29 October 2013
SC WILL TRF CASE NEAR HER RESIDENCE
curious123
(Querist) 29 October 2013
Can she be forced to go to famiky court at nasik, if she decudes nit to go? Like if someone does not go by order of court, a warrent is issued. But do these family courts have same power as the CJM cout? I have heard that these family court are just like counselling teams.
prabhakar singh
(Expert) 30 October 2013
You have been answered sufficiently yet dragging on what people say.
A Family court in a civil case issue summons and not warrants. From your writeups here in my guess the case filed by Husband is for restitution of conjugal rights(popularly called RCR.Or worst Divorce case(but it is not as it is in reply of your maintenance case)But in either of situations it would
be civil proceeding governed by civil procedure code and not by criminal procedure code.Warrant of arrest would not be possible to be issued on non appearance but exparte orders could be passed on non appearance.
No more negotiation in this respect is warranted now.
curious123
(Querist) 30 October 2013
Thanks for the reply all respecred experts.i am going through so much confusionso kept on bothering you. I apologize for the cinfusion.
Devajyoti Barman
(Expert) 01 November 2013
never mind..you can post your query here.
curious123
(Querist) 02 November 2013
Much to Prabhakar ji's dissapointment, I have one more question. Devajyoti ji, thanks for the encouragement.
Petition in supreme court will cost 30-40 thousand, i do not have this much money right now, nor do i have sources. Neither can my sister go to Nasik to fight her case, as she is alone and unimployed. What can she do in this situation? Is there any kind of law to support helpless females like my sister.
ajay sethi
(Expert) 02 November 2013
she can contact district legal aid centre in nasik to fight the case
curious123
(Querist) 02 November 2013
Thanks a lot! Your help is much appreciated.
Mana ki zamane ke hazar aib hai mujh mei,
Magar dosto ko bhool jana mujhe ab tak nahi aaya.
Rajendra K Goyal
(Expert) 02 November 2013
District legal aid center may arrange legal help if deserving case as per criteria.
Raj Kumar Makkad
(Expert) 02 November 2013
well advised by experts so this is your turn to follow the advice instead of raising further questions.
