Dear Sir......

Respectfully i want to suggest you.....that you must be file Transfer Petition in Supreme Court Of India ...for Transfer the matter in your state .....there is no compulsion that party must appear on date ..after the notice of matter in Supreme Court ........you can submit the order .....the lower court proceeding will stay .....

Best Regards

Mob-No-[deleted]

1) DV case is maintainable in MP as she is temporraily residing in MP

2) filing transfer petition before SC would be futile exercise as SC would not transfer case from MP to Gurgoan

3) it is advisable to contest case on merits in MP

4) it is not necessary to be present on first date in MP . you can engage a lawyer and he can appear on your behalf

Dear Concerned,

Answers to your queries.

a. Yes you can file a transfer petition and the Apex Court might give a thought of transferring it as well due to conflict of statements in 2 FIR's and Domestic Violence complaint.

b. No , the Domestic Violence case will not have an ex party decision on day one and you may choose not to appear in the same, you will get summons again for the same i.e a next date after 6.1.17.

Mot appearing will not cause any issues at such an initial stage. As you plan to file the Transfer petition once notices are issued there would a stay on the case in MP (you should put a stay application as well) till the time the TP in SC is decided.

ALSO PLEASE note - under any circumstances now as your wife has left your home - dont let her enter your house back - as if she comes back this would do more harm then good.

Additionally you would be suggested to file a petition under Hindu Marriage Act 9 for restitution of conjugal rights - dont do that as well - instead decide to file a Divorce under cruelty by wife.

For a free discussion on your matter please feel free to contact us.

Best of Luck.

1. The DV case can be filed by the wife where she is residing, so it will not be transferred. The court in Gurgaon has definitive jurisdiction to hear the case if your wife is residing there.

2. In DV case you are not required to be personally present before the court as the presence of your lawyer shall suffice on all hearings except when you are to be examined as a witness.

1) you can file for divorce now

2) if you don't appear in court on first date court may await report of service of summons

3) only if report is received that summons are served would court direct matter to be heard exparte

4) you are entitled to be served copy of FIR

1. If you remain absent the supreme court may dismiss the case on default, may be, after giving one further chance. Same is in ex parte order also.

2. Unless and until the supreme court grants stay order the lower court is free to proceed with the case and pass necessary order. Hence it is advisable that you attend the dates till sc passes stay order. During trial you can produce the contradiction.

3. The FR made in one case shall not restrain her lodging complaint afresh in another place. You can't restrain her from doing so.

4. Divorce is legal right of a spouse and there is no good or bad time in filing it . Even filing the divorce suit before the wife files any case has its own merits, more so, in getting the bail.

1. As I said before, when the court in Gurgaon has clear jurisdiction to hear the DV case then it cannot and will not be transferred.

2. If the FR is filed then she can as a complainant file the protest petition against police to summon and try you. However, a fresh FIR will not be maintainable.

3, You are at liberty to apply for dissolution of marriage.

Dear Concerned,

a. No, as mentioned the 6.1.17 is your first date of DV and in just one single date no court passes an ex party order. Yes the courts are closed till 2nd Jan and no filing can be done before that. As the courts open on 2nd you can file the TP after 2nd even if you file after 6th then too there would be no issue at all.

b. IF the FIR has been registered in MP the details can be sourced please visit this link and follow steps to download the FIR http://citizen.mppolice.gov.in/PortalChangeswithDB/LoginNewPages/FirView.aspx

c. Yes she can file an FIR again however you would have to do some bootlegging when you get a new notice or call for the Fresh FIR and tell the cops that two such FIR's had already been closed and she is just harassing you , infact if she does not come anf the Gurgaon IO puts an FR to the FIR - go ahead and file a complaint against your wife for blackmailing you and filing false complaints against you - go through the court in filing such case.

d. You in any case will have to bring an end to this relationship - so the sooner you do the better - you file a Divorce - if she does not appear this would be done ex party in 5-6 dates. If she appears she will have to contest . She might go for transfer of the case to MP as well, which if your protest have high chances of Dismissal.

Generally when the husband files divorce - there is an upper hand as in specifically your case your wife left you on her own will and now she has filed multiple false complaints so you have more reasons to file and to get the relief - whatever she comes up with she would not be able to deny on the FIR she got filed against you and she would not be able to prove the facts as mentioned in your FIR.

Best of Luck

1) Can I file tranfer petition in SC to transfer case to gurgaon as she herself choose th jurisdiction in ggn as all incidence of gurgaon.

Domestic violence case can be filed at her place too. Your application to transfer this case to Gurgaon may not be entertained by supreme court since she is residing at MP.

2) is it necessary to be presented on my first date as i m filing transfer petition in SC but hearing wil fall after 6.01.2017. if I go will there be any imact on transfer petition as it will be deemed to accept the jurisdiction. but if I dont go will it be ex-party in first date only.

The filing of transfer petition before supreme court has no impact to attending the case here in MP.

You can either appear in person or through your lawyer before the court trying the domestic violence case.

1) firrst of all, would want to highlight that only filing can happen in SC for transfer petition before 6.01.2017 due to holidays currently. Notice if any may then me issued after 6.01.2017. Also, in th first date at MP if I do not go and there is no lawyer to represent me, will it not be ex-party.

If you dont attend the court on the date of hearing or you are not represented by an advocate then the court may call you absent and set you exparte.

2) Also, I hv th DV complaint copy which has dowri contradictions but do not have MP FIR copy which also has dowri related things. Its with IO gurgaon who has just showed me to read. but I think he will not give me as matter is under investigation thn how can I submit in SC.

If you keen on producing the copies to supreme court, you may have to obtain certified copy of the fIR from police station or court where this FIR has been submitted.

3)Also IO gurgaon is saying if she does nt come after 3 notice we will put FR and close th matter without sumbitting chalan. now in tht case, after FR, can she file another fresh FIR in MP and will it be maintanable keeping in mind she filed an FIR which was made zero FIR and transferred to gurgaon. How should IO close the case so tht any FIR filed aftrr tht by her is not maintanable.

The police will follow the procedures meant for it on the basis of the prevailing circumstances, dont break your head on it, you can challenge the same when you are confronted.

4) Also whats the suggestion to file divorce as of now or its is not th right time and do it later

If you consider that the married ,life cannot be continued under this situation, you may file divorce case now also, there is no bar on it.

1. You can file an application before the Supreme court for transferring the DV case to Gurgaon which may not be accepted by the apex court since wives can file DV case at the places where they are currenlt residing.

2. There will be no impact on your transfer petition for attending the DV case on the 1st day of hearing. However, you can skip the first day since it will be for S/R only but attend the next days of hearings duly finding out the next date of hearing of the said case.

3. Develop rapport with the IO to ensure that he submits favourable report for you in connection with the FIR already registered against you. she can file any number of FIRs but once the first one is proved to be false, the subsequent FIRs filed on the same ground will not hold much water.

4. Once the IO submits report in your favour in connection with the FIR filed by her, lodge a police complaint u/s211 of IPC against her for filing false complaint against you. You can thereafter file the divorce suit on the ground of cruelty as filing false 498A complaint is also considered as a form of cruelty.

1. The on the 1st day there will be no order for hearing the matter ex-parte. it will be for Service Return only. You shall have to engage a lawyer to find out the next date of hearing when you or your lawyer should attend the hearing.

2. You can pray before the Apex Court to summon the I.O. to submit the said 48A complaint filed by her at MP.

3. Another FIR filed at MP will also have the same fate of being transferred to Gurgaon and in that case it will have the same result as in the case of the present FIR.

4. If you can collect irrefutable evidence of her cruel acts on you now, you can file the divorce petition against her. now itself.