please advice me
narendra
(Querist) 22 June 2014
This query is : Resolved
dear experts..
this is naren..my wife has filed false 498a and dowry prohibition cases on me and my family members in may 2013 in bangalore..I applied for anticipatory bail for all and got it & submitted in police station.after that immediately she has filed domestic violence case..then I have filed for divorce..court refereed for mediation in both domestic violence and divorce cases.she has not agreed for divorce and mediation failed.all cases were filed in Bangalore but in November 2013 she has applied for transfer of divorce and domestic violence cases to andhra pradesh in supreme court.only for harrassing me and my family members she is asking for transfer of cases..I am a govt. servant in Bangalore, I am giving medical treatment in Bangalore for my I'll parents..I applied objections in supreme court..but still nothing happened..but lawyers are telling cases will be transfer ed to her willing place..I want to take divorce from her..till now charge sheet also not happened for 498a..can I apply for quashing of case before filing charge sheet.what is time limit for filing charge sheet.intentionally she is delaying all cases...for clearing all cases early what need s to be done..please advice me with some positive legal solutions...for stooping transfer of cases from Bangalore to Andhra Pradesh in supreme court and for quashing domestic violence and 498a cases...thank u sir...
Raj Kumar Makkad
(Expert) 22 June 2014
You can out your argument before Hon'ble Supreme Court qua the medical illness of your parents, the question of cause of action in case of 498A IPC case (which cannot be changed on the whims and wishes of the complainant or the accused) Even then if Hon'ble Supreme Court accepts her demand/prayer, you should pray for the permanent exemption of your parents to appear in that case.
You can file quashing petition after submission of charge-sheet in the given case.
Devajyoti Barman
(Expert) 22 June 2014
If she is AP , she has right for transfer the case and she is likely to get the desired order as well.
Rajendra K Goyal
(Expert) 23 June 2014
If she belong to AP she can get the cases transferred to that place. You should prey for permanent exemption from personal appearance in AP for your parents.
Sankaranarayanan
(Expert) 23 June 2014
yes due to the merit of the reason it may or may not transfer. If got the order in favor of her then you should pray for the permanent exemption of your parents to appear in that case.
R.K Nanda
(Expert) 23 June 2014
agree with experts.
narendra
(Querist) 24 June 2014
dear experts thank u all for sharing Ur valuable information..please suggest me clearly for my queries in this message..
T. Kalaiselvan, Advocate
(Expert) 26 June 2014
You have been properly addressed.The supreme court will generally favor women for transfer of such cases to a place near her home town. The 498a case cannot be transferred. If you want the cases to expedited, you may move an application before high court seeking the relief. I think expert Mr.Makkad's suggestions will be more effective to follow.
ajay sethi
(Expert) 26 June 2014
DV and 498A cases proceed on merits . generally HC is reluctant to quash these cases . transfer of cases to AP will be granted by SC
Raj Kumar Makkad
(Expert) 26 June 2014
If your query is being attended here, you nee not to post the same in forum section.
