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housing   29 August 2016

Transfer / legal advice

My nephew living in Himachal was got married in 2009. They got a sun in 2010. My nephew opened a industrial unit in Himachal in the name of his wife. Loan was taken from bank for the unit and my nephew stood guarantor for the loan taken by his wife. He also used the premises available with him for setting up the unit. His wife who was having some money in her account did not use that for the setting up the unit. the unit came into production in march 2012 and in July 2012 his wife left the house in a planned manner. There after she filled cases under 498A and 406 in punjab. As no insident had happened in punjab the local police had no juridiction. Theb punjab police filled charge sheet in 2015. Now the case is held up for production of case property during prosecution evidence and examination in chief is still incomplete. Last 4-5 hearings the police is not producing the case property as such girls evidences are incomplete. our advocate says that in punjab judges dont pressurizes police for evidence and we have to wait and on each hearing My nephew his father and mother have to go to punjab court but return without further progress thus spend huge amount on journey as well as wastage of time. Can we file the case that the local court has no juridiction and case be transferred to court in Himachal. The girl has also filled cases under section 125 for maintance. The court in punjab has granted intrim maintanance in september 2015. and judge is posting the case for PE, but girl is delaying on the plea of non receipt of maintanance till date which boy can not pay as he has to meet the loan liability of loan taken by wife before laving him and refusing to grant power of attorney . Simmilarly she is also not giving PE in DV case. What should we do. File a case in Punjab High court/ supreme court for transfer of all cases to any court in Himachal. Go on suffering as now how can we get exemption for parents


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 3 Replies

adv.bharat @ PUNE (Lawyer)     29 August 2016

Try to settleed hte matter amicably is the only solution for your problem other wise u have to suffer a lot .

If u like my suggesation then give THANK on my LCI profile.

KS Johal   29 August 2016

Your issue could get messy and complicated therefore it is advisable to settle it out of Court.

housing   30 August 2016

The boy has got many proofs and he can save himself only if case proceeds. The girl side openly says to torture the whole family . in fact they want toi torture the boy so that he commits sucide.

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