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harassed husband (def)     10 January 2012

Need advise

Dear Members,

In marital disputes(civil & criminal)  when husband & wife reside in different states, the proceedings usually take place where the wife resides. But in case if the court is convinced that there cannot be a fair trial at wife's place, then usually where does the case gets transferred? For sure not husbands place...but then where? Is it 50-50 distance, neutral place....?



Learning

 19 Replies

M.Sheik Mohammed Ali (advocate)     10 January 2012

you can file a petition that : in case i will attn my case at wife place in my life not assure because they will dangerous in my life so possible to change any other place.

harassed husband (def)     10 January 2012

Dear Ali,

Thanks for the inputs. Hwever my query was that even after such transfer petition , the court usually doesnot transfer the proceedings to husband's place. Then in such situation, what is the rationale for selecting the place ??Do they transfer only the district or do they transfer state?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 January 2012

when you know it will not be transfered why go for futile excercise.

harassed husband (def)     10 January 2012

JSDN,

It is the dim chance of success that husband is struggling for. With misuse of 498a , husbands have not stopped struggling in courts for justice. Transfer application of husband is rare but not impossible.

Hence the query was placed.....

Hope you understand!

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 January 2012

Than you start from trial court and go up for revision.

harassed husband (def)     10 January 2012

Sir,

Husband has been beaten during divorce proceedings and he has moved transfer in SC, which has been admitted for hearing.

He cannot go to trial court when he anticipates unfair trial & threat to life.

Husband now intends to move transfer in his criminal proceedings as well. Hence the query placed.

Sanjeev (Lawyer)     10 January 2012

Did your SLP against HC order got admitted?

harassed husband (def)     10 January 2012

Not yet as SLP awaits hearing ..

Prabodh Shukla (Advocate )     10 January 2012

ask your advocate , for the assistance, why wasting time of ours, here information is for those who dnt have lawyer and wants to change the lawyer or the lawyer ..... not for the cunning litigants who listens from somewhere and start irritaing there advocate ....

 

Regards ,

Adv. Prabodh Shukla

harassed husband (def)     10 January 2012

Dear Shukla G!

Kindly review the forum and the vision of the website before writing such comments.Let us not debate the cunnigness of either the litigants or the counsels or police per se.

In case you do not expertise the subject, there is futile attempt from your end to distract others.

N one is always free to seek cross/second opinion, those who know the subject , come forward & help with their inputs. But apparently there are few elements who intervene with their no sense comments.

God Bless!

Prabodh Shukla (Advocate )     10 January 2012

Mr harrash husband

 First change your PM name as haraash husband , and dear before making any comment  first understand the whole scene ..... may you are a harrash husband, but when you have a advocate so plz get concerned with him, every case for an advocate is imp. he is working hard on that and sometimes clients get some herasay information from somewhere and try to do the same by there lawyer and argue with them on the answer provided by their lawyer, and this kind of attempt make a reason to deinterest on the part of advocate towards case... no one is got harm except the client ... its your case not his .... a advocate gets his fee on the both part if he won if he loose.... he made efford for you only ....... if you think your advocate is not good change the advocate .... i mark the previous comment to warn you get into the problem of.... its your case not mine....

Regards Adv Prabodh Shukla

harassed husband (def)     10 January 2012

Dear Shukla G1

Thanks for the concern. The intent on resorting to the forum is to seek inputs on queries for which it is not advisable to bother the Ld counsel. Moreover, as the courts hierarchy goes from bottom to top, the access to Ld counsels decreases proportionately. 

I agree with you when you say that counsels get their fee, it is because, the fee is never outcome based. And outcome is directly proportional to the efforts invested. So whether they loose or win, it is ultimately the destiny of the victim which is more important than the merits of the case.

I agree with you that for every lawyer each case is important, & that they work hard to provide the best possible relief but then if there was 100% transparency then such forums would not be loaded with such litigants.

Let us not irate each other by sharing miserable experiences with litigants or counsels. If you indicate that the forum is only for those who donot have lawyers, then i would re-check the vision of the website which strongly requests visitors to avoid it using as a marketing tool.

Thanks again!

Prabodh Shukla (Advocate )     10 January 2012

Dear Harrash Husband ,

      your seems to get frustrated by the procedures of law , Dear i just wants to say that have full confident on your advocate because he is the one who fight for you , if you think he dnt have such interest in your case change him. but never informe anything like wise which mark a question against his valiber, this act will ultimately harm you .... and the answer of your querry . that if both parties have fear of the failure of justice if the trial will held in opposite party concerned ares so the court always take the middle path , judge will give the option to choose  place and as per the bad luck of ours(males) Judge will first listen the women but you just have to make simple stand "fera of life" and be a wise man never try to argue their arguemnts just put a simple aspect before the bench  " any suitable place beyond the supremacy of your ex wife and her  family "  and dear always remember in every case you have to show the simple flexible behaviour towards your Ex- wife , never get rigid ... it will harm you ,

i post before because practising area is too big and you can never get full and correct  advise over any online ... you can only gets hint here....

best wishes to you

harassed husband (def)     10 January 2012

Dear Shukla G!

Thanks again for kind inputs.

It is unfortunate to know that the posts written here are merely to seek guidance & NOT to TEST THE CALIBER of the Ld counsels.However i may not like to deep dive into this debate.

I agree with you that there is no Single-Window/One-Shop for the litigants.But such forums empower you with hints. Although i know a fraction of 498a, but i owe my knowledge to such forums that has enabled me to interact with counsels without wasting much of their time in explaining me every minute detail.

Hwever, expert comments like" never be rigid to ur ex wife" etc etc  are the hints which we gather & if executed may help us in way ahead.

Shubh Ho!!

 


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