Hello All,
I went through a query n Path Legal where the advocate replied that the accused may apply to a lower court to schedule hearings on a day-to-day basis so that the case maybe over within 20-30 days. Please see query and reply below and clarify if it is indeed possible to avail such an option. If yes, kindly advise how I should submit the application.
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QUESTION
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FACING FALSE 498A, 506,294,34 AND DV
Family »Posted 12 Apr 2017
Sir,
I am a govt servant, working in Gujrat. My family resides in Madhyapradesh. I was married 20 Jan-16. Wife left me in May-16. In Oct-16, my wife has filed false 498a, 506,294,34 (in few days charge sheet will be filed) & DV (in feb-17) against me and my parents in Chhatisgarh (at her hometown). My questions are:
1. After filing of charge sheet, it is really hard to attend trial regularly from Gujrat. Neither my office allows continuous leaves nor my budget allow for this. Can I approach to Supreme Court for transfer of this case from Chhatisgarh to Gujrat or Should I go for 482 crpc in respective HC? Chances of success in both?
2. Maintenance- My wife is well qualified (MBA) & from well settled family, however she is not working. I have also filed RCR before her FIR .What should I do for denial of interim maintenance?
3. Can I file any counter case on her and her family members at this stage?
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ANSWER
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You can file SCA to transfer your case in High Court of Gujarat
So it will be easy for you to attend proceedings
Another option is to give application to lower court to proceed case in day to day basis so that within 20-30 days your case may be over
Chaitanya Limbachiya
ADVOCATE, Vadodara, Gujarat
