Transfer of 498a case
Guest
(Querist) 21 March 2013
This query is : Resolved
Can 498a case transfer to Husband place on his request?
Advocate M.Bhadra
(Expert) 21 March 2013
sec.177 cr.p c :---- Ordinary place of inquiry and trial.- Every offence shall ordinarily be inquired inland tried by a Court within whose local jurisdiction it was committed.
sec.205 cr p.c.:--- Magistrate may dispense with personal attendance of accused.- (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
Adv k . mahesh
(Expert) 21 March 2013
it is not clear you have not mentioned the place
498a cases normally stayed by supreme court
and in extreme cases if women filed for transfer then only higher court will transfer
Guest
(Querist) 21 March 2013
Thanks
Sudhir Kumar, Advocate
(Expert) 21 March 2013
dowry demand is suffered by woman even at her in-laws place but when discarded or forced to return (at least alleged to be so) she suffers at both places.
So allegation even if false has jurisdiction at both places.
Raj Kumar Makkad
(Expert) 21 March 2013
Law is clear to the effect that the criminal case can be run only at that place wherein the alleged offence had been committed.
Generally in 498A cases, either of the offence/incident is shown/mentioned occured at the place of parental home of the complainant so police has to lodge such complaint thereto.
Guest
(Querist) 21 March 2013
Thanks.
Guest
(Querist) 21 March 2013
I repeat all criminal case in my opinion should be trial at the place where crime happened. It is not like civil case where wife has liberty.
ajay sethi
(Expert) 21 March 2013
sympathy of the court is with the lady as she is generally regarded as a victim of the husband brutality . concentrate your energies on fighting the case rather than seeking transfer
Guest
(Querist) 21 March 2013
Thanks.
Sudhir Kumar, Advocate
(Expert) 22 March 2013
crime at some places happens at two places. One from where it originated and another where the resultant pain is felt. Wife returning to parents house due to dowry demand suffers the pain at both places.
The allegation even if false has to be defended whee it is filed at either of two places.
So it is not merely sympathy of judges but operation of law which enhances your suffering.
Khaleel Ahmed Mohammed
(Expert) 22 March 2013
If you know law better than the experts, you should not asked the opinion of experts.It is not the proper forum to teach experts .You should know better than the experts why your wife have filed dowry case against you.Without any reason why she alleged the said offence against you?
Guest
(Querist) 22 March 2013
My opinion wife files 498a because of some corrupt people to create terror in husband family. I repeat it is my opinion.
And I feel failure of one relation does not mean put false cases.
Khaleel Ahmed Mohammed
(Expert) 22 March 2013
Please note , your opinion is no value. in every marital dispute both parties are sufferers equally.It is for man to keep patience during the marital dispute.If he is innocent , deifinately court will render justice with him.Believe always in the judiciary system,infact minor defects may be in the dowry laws, which can be ignored.
prabhakar singh
(Expert) 22 March 2013
Dear Author : Dev!
we may differ in our opinions but that does not mean we can disobey law indirectly passed by us constitutionally unless we turn
to be called rebellion of the system we have adopted!
okay!
My answer i believe shuts the door of unnecessary discussion.
Sudhir Kumar, Advocate
(Expert) 25 March 2013
i repeat what Mr Khaleel Ahmed stated 3 days back
"f you know law better than the experts, you should not asked the opinion of experts.It is not the proper forum to teach experts .You should know better than the experts why your wife have filed dowry case against you.Without any reason why she alleged the said offence against you?"
Guest
(Querist) 25 March 2013
Thanks
