498a running in lower court - can we move to hc ?

@Author

You have not given any fact of your case. No legal advice is possible without knowing the facts.

Anyways, if your case is in lower court then you have to keep fighting it till it is over. If you are not satisfied with the outcome you may always approach High Court against such outcome. Additionally, if you are not satisfied with anything going on in Court of Sessions then running to HC may lead you to deeper trouble because no judge would like to be reprimanded by HC. Ultimately case would be sent back to the same Sessions Judge. So take it more tactfully and let your advocate utilize his experience to mold this judge in your favor.

All the best!

//peace

/Saurabh..V

Dear Saurabh,

Thanks for your quick response. The case is complaint against me and my family was filed in Gurgaon, then girl's mother didnt continue there and filed case in Ghaziabad. Marriage is less than 6 months old. Girl and boy were not living with parents then why entire family is looped? 

If I have strong evidences where girl has threatened me to file false case, on that ground can I move to HC? 

Dear Querist

if you think that the Magistrate is bias, You have right to file a transfer petition before session court/DJ u/s 408 of Cr.PC to transfer the case in another magistrate court. if you have very strong proof in your favor then file a Quashing petition before HC. 

Feel Free to Call

@Author

Even if you have proofs that the girl threatened the boy, that does not defeat the case of the girl. To throw away the case of the girl, you should have proofs to defeat her claims.

If in case the matrimonial home is in Gurgaon and the girl never lived in domestic relationship in Ghaziabad, then the GZB Court does not have jurisdiction to try this case at all. You should seek advice from your lawyer and ask him to take this matter to HC for stay on these proceedings.

As far as family is concerned, you have a valid ground that the girl never lived in domestic relationship with her parent in-laws. You can easily get their names removed from the case.

All the best!

//peace

/Saurabh..V

I have evidences to prove her claims are wrong. I have audio proof where she revealed that she would teach lesson to my entire family and file false cases. She has repeatedly spoken about filing false 498a and abused my sister, mother and father. 

There is no medical or case made out in prima facie by Gurgaon Police. The complaint and other proceedings proves that they wanted to loop entire family in Ghaziabad that's why they came to our residence with a Gunda. Neighbors are evident of that. We did file complaint to SSP ghaziabad for that too. 

These evidences are enough to prove about their intentions. The marriage is less than 6 months old and the girl started threatening after hardly a month of the marriage. She lived in my parent's house only for 20 days in which she used to go along with me most of the time for her interviews.