False 498a case transfer from ghaziabad to kanpur

she can get it transferred to the case by moving an application but you can object here is the citation https://www.divorcelawyerindia.com/updates/wife-cant-seek-transfer-of-dowry-case-to-her-place-sc.html

Cse can be transferred only by HC as its transfer within UP so she will need to approach Allahabad HC. I think she wont transfer as its State Vs you and she has no role to play and its limited to her witness when required and she would have filed in Kanpur if she wanted to

Hi Sanjeev

Read this article https://articles.timesofindia.indiatimes.com/2010-09-08/india/28256317_1_criminal-case-transfer-proceedings

here SC has clearly stated that wives are not allowed to transfer the case according to their place of residence. 

and share your view.

Thanks.

Case will start in court where you reside (the place where crime has happened as per FIR).

My wife's mother and herself lodged a complaint in Gurgaon thana and from there they said that we would proceed further either from Ghaziabad or from Kanpur. I read in some judgements that it is considered as abuse to legal process if the complainant changes the jurisdiction as per her convenience. 

That means when the incident happened in Gurgaon why the complainant want further investigation to be proceeded from Ghaziabad? Is this a fair point to challenge the FIR?

Has FIR been filed ?? Even if FIR filed is at your wife's place, it will eventually get transfered to your place.

Yes FIR is filed at Ghaziabad mahila thana and the proceedings are about to start in Ghaziabad court only. But my wife used to threat me that she would file cases from Kanpur to make life difficult for me and my family members. Can she file more cases besides 498a from Kanpur?

Now once the case if filed and intial harrassment  is over.

After getting bail no new case at another place is not easy.

Engage an expert advocate and you can also file some counter cases.

Advocate are hired already. The bail is also done for all the family members named. All of us got interim bail from Ghaziabad lower court itself. Curently we are awaiting a date for Court mediation. Marriage is 5 months old

Application for transfer of case is complex and costly.

Your opponent has to go the High court and you will get chance to defend.

Now you got bail so now the case will go on and on til parties are exhusted.

Thanks a lot for the reply. 

Can she file maintenence? I came to know that she has left her job where she used to get about 60K/PM. Now she is back to her Nani's house. She also called to my manager and said that she would throw me into jail and a few other employees of the company. 

My question is - since she is unemployed, can she ask for maintenence? What if I also dont have a job? Can court force me to pay her maintanence? 

Kindly reply

It is unlikely that the case would be transferred now.

in any case FIR can not be transferred, only CS can be transferred.

Hi Santosh,

Thanks for answering my query. The new case "Domestic Violence" is registered from Kanpur just to harass us. Infact girl's mother has filed the case and not even the girl. 

In 498a mediation the girl is not coming and her mother is saying that she is in Kanpur. I called girl's workplace and HR said that call them after an hour.  Withing an hour, I got a call from Girl's mother and she said that dont call her company else.......

The girl's mother threatened that you would have to come to Kanpur.. I would see you there in the dates. I have recorded this conversation and went to the nearby police station and gave them a writen complaint about the threats and the motives.

Now tell me "Can I transfer the DV case filed by girl's mother against me and my family from Kanpur?????

How HC see transfer of cases like these??

Kindly advice