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Sachin (Manager)     24 December 2010

Divorse case registration runnin around

Dear Experts,

We are based in Nasik. My sister got married 1 year back & was settled in Pune. She was physically assaulted by her husband in pune when she was pregnant. She returned to nasik the same day but was so badly injured that she had to undergo abortion in nasik . The Doctor also has given medical certificate stating physical abuse as reason for abortion.  We registered a case in Nasik but the police transfered it back to pune.

Its really inconvenient to deal with case in pune from Nasik. As abortion happened in nasik is it legally possible to get the case back in Nasik? Pls let me know your opnion.

Thanks & Regards,

Sachin



Learning

 15 Replies

Avnish Kaur (Consultant)     24 December 2010

wat case u filed? civil or criminal? give exact details

Sachin (Manager)     24 December 2010

We have filed case under following sections

 313 ,316, 406, 458.

 

Saurabh..V (Law Consultant)     24 December 2010

@Sachin

 

In any case, there has been an abortion at nasik which is a consequence of those injuries so there is a cause of action which lies at nasik as well. Move an application to the High Court under S.482 CrPC to transfer the case to your jurisdiction then you can get it done!

 

 

//peace

/Saurabh.V

Avnish Kaur (Consultant)     24 December 2010

but crime took place at pune , so pune jurisdicion only

Avnish Kaur (Consultant)     24 December 2010

by the way its not a divorce case , why u titled it so

Sachin (Manager)     24 December 2010

We want divorce as now also he threatens her that he will kill her and time to time he demands money from her.

Sachin (Manager)     24 December 2010

he is threatening not only to kill her but all the family members. 

Avnish Kaur (Consultant)     25 December 2010

then file a divorce based on cruelty , u will succed ceasily with heavy costs on him

Avnish Kaur (Consultant)     25 December 2010

if a man is stabbed in delhi and is airlifted to bombay for special treatment and dies there, the jurisdiction is still delhi.

Avnish Kaur (Consultant)     25 December 2010

if boy side has good defense u cannot have this case transferred easily.
 

Avnish Kaur (Consultant)     25 December 2010

when did he assault her and wen was abortion conducted , what dr. has mentioned in discharge summary / medical records?.please mention specifically.

Sachin (Manager)     26 December 2010

She was assaulted in last week of Oct 2010 and abortion (next day after assault ) also happened immediately after it. The day she was assaulted(before abortion) we also did NC at Pune police station where they could also see the injuries. The doctor certificate has " when the patient came the bleeding already had started we tried to save baby by giving medication but had to loose 4 four month fetus to save the mother"

 

Thanks in advance for you help! Appreciate the same.

Sachin (Manager)     26 December 2010

To add further , Nasik police had asked Pune police to transfer case back to Nasik (Using Zero number).  We brought papers from Pune police station back to Nasik , pune constable also accompanied us to Nasik.

But after arriving at the Nasik police station the Senior Inspector flip flopped & refused to accept the case in Nasik. Seems like Boy's side has used some influence. We pleaded a lot with him but he has asked us to come back again on Monday (tomorrow).

Avnish Kaur (Consultant)     26 December 2010

you have good evidences. contact a local lawyer to draft an application and give to nashik police in writing to take case . after this if they dont take u can get it transfreed through high court. contact a criminal lawyer not matri lawyer at this stage.


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