Transfer of case

So far as Sec. 498 is concerned, Yes, you may be arrested by police, better you hire advocate over there and file for an anticipatery bail before the Hon'ble Sessions Court. This needs to be done only if she has lodged a compliant u/s. 498 etc.. Before appearing in the police station, you must obtain interim bail atleast, than go for regular bail. Remember there will not be an arrest in the matter of sec. 125. It is only a court proceeding. So do not bother about your hearing.

Thanks Yash for your reply :)

Since I am in a different state, How can I get to know if they have filed case under section 498 or not. I don't have any relatives in the city she stays in. And how long does it take to get an interim bail.

what is the reason behind her leaving you 

without any negotiations through elderly person or close person why you filed rcr and rcr through a lawyer what he suggested.

because now in 498a cases police is also investigating the genuiness and then making arrest so first they will call you for information 

and about transfer you have to hire a supreme court lawyer if you want to stop the transfer petition once you get the notice from supreme court 

and consult your lawyer before doing any thing 

Thx Mahesh,

After wedding, in the six months that we were together, there was not even a single instance of any fight between us but there were some cultural differences with which she was not comfortable. Also it seems to me that her parents are influencing her to take this decision due to some reasons which I am not able to make out. When she left for her parental home she didnt mention/ discuss anything. However later there was a change in her attitute. We tried to talk to her grand parents and other family members as well but her father didn't listen to even them. Our phonecalls, emails, smses were not answered. So we consulted a lawyer who suggested RCR. After our RCR reached her. She filed for maintainence under 125. The allegations that she has put in 125 are false and can be defended.

My concern is that the hearing for the case under 125 filed by her is in last week of January in Indore. And I got to know that they are planning to file 498a. I don't know if they have filed the case yet. So what should be my next step of action. 

Also I didn't get any notice from Supreme court . I got to know that they had filed for transfer petition yesterday and when I checked the status on the Supreme court website there was a hearing on the 5th Jan, it mentioned that "Issue Notice. There shall be stay of further proceedings". Is there anything which I can do now to stop the transfer or atleast get to present my argument against the transfer

once you get notice then only your lawyer can represent and make his version of arguments to stop the transfer petition 

a. I came to know that she had filed for the transfer of RCR from Maha to MP and checked on Supreme court's website which mentions "Issue Notice. There shall be stay of further proceedings". This has been passed on 5th Jan. Is there anything which I can do now to stop the transfer or atleast get to present my argument against the transfer

  For transfer of RCR the supreme court has ordered to issue notice to you, it means you will be served with a notice to file your counter either in person or through your lawyer, you may contact a supreme court lawyer and file a counter to her transfer petition, however the chances are very less because in most of the cases  the transfer sought by females are generally acceded to by the courts whether in the lower level or higher level.

 

b. I also got to know that she may file 498 or may have already filed. Is there anyways by which I can check if 498 has been filed in her city? Section 125 hearing is in last week on Jan. Is it possible that I may be arrested when I go there for the hearing? Should I apply for anticipatory Bail? 

In the event of she lodging a complaint against you in the police, the police would have certainly contacted you to appear before them for an inquiry on the basis of her complaint, if so far there is no communication fro the police at her city, you do not have to worry about it, however, you may engage a lawyer or the same lawyer who is attending the 125 cr.p.c. case to have an observation in this regard.  The police will not arrest without a fir but you cannot be very sure of the police hence a little precautions on that aspect is necessary.