Fir launched against me and my family & my younger sister. help and advice required
yashwant
(Querist) 10 February 2015
This query is : Resolved
Hello Sir, My wife did FIR against me and my family and also on my younger sister. She lived with me only for three months.And did a FIR under section 498-A,323,506 & 3/4 D.P Act. As of now My case is under Trail. I want to know the process of transfer of the case. Complete case is false and fabricated and is running at her local district.. Your expert advice required, whose burden is to prove that FIR did against me is not true, known very well by my in-laws as well as my wife. I am scared that people used to say that being a husband you have to prove all the allegation which is false not the wife. Please help and suggest me who's headache is to prove the FIR allegation.. Secondly process of transfer case. Thirdly, I was blackmailed by my in-laws as well as lawyers for my bail and all the court activity, still not getting comfort zone with my current lawyer.Please suggest transparent lawyer who is expert in matrimonial cases and can help me..
Devajyoti Barman
(Expert) 10 February 2015
You are silent of the reason on transfer of this case.
In criminal case the burden of proof lies solely on the prosecution and you need not prove your innocence.
Rajendra K Goyal
(Expert) 10 February 2015
Generally the case is not transferred on the request of the husband.
charges have to be proved by prosecution while accused has to prove these wrong / defend themselves.
If not satisfied, change your lawyer. You can visit court premises and search some senior lawyer after gathering information.
ajay sethi
(Expert) 10 February 2015
burden of proof is on prosecution . case is transferred at request of wife and not husband . change your lawyer
T. Kalaiselvan, Advocate
(Expert) 12 February 2015
As rightly observed by expert Mr. Devajyoti Barman, you have not mentioned the reason for seeking transfer of the case from that place. Until and unless you state that there is a threat to your life or to that of your family members, your request for transfer may not be considered. She has lodged a complaint which the police is prosecuting it hence it is their side to prove the allegation, if your lawyer is not cooperating, you may change him/her immediately.
Gagandeep Goel
(Expert) 25 February 2015
Hello There
I will recommend you something worth appreciating.
Primarily if your wife has implicated you under Dowry Prohibition Act then she must have stated that you demanded dowry and her family members gave dowry to your family members.
The alleged offence is committed by both the parties to marriage and therefore it gives you a right to get them implicated under the same act.
Move to High Court for press for the stay of proceedings. If need be use the law commission report in which it clearly states that case relating to matrimonial disputes have a conviction rate of only 15% and rest of the incidents have been found to be false.
Only medical proof of beating shall not be enough to convict you and your family members. It has to be supported by other acts of cruelty
