You cannot challenge your wife transfer

2) your wife is an employee of bank and she can apply for transfer

3) it is for bank to consider her application and grant or reject the transfer application

4) you can file RCR before family court and take the plea that she deliberately sought transfer to avoid staying with you in her matrimonial Home

You do not have any locus to challenge the process of the bank.

There are no hard and fast rules of transfer and management can take such decission as per the requirement/ condition.

Regards

On this ground you can seek divorce/RCR

The Govt has majority holding in SBI

2) in the event any requests are received from the finance ministry bank would oblige

3) ministry should not intervene in transfer matters

4) but banks are suspectible to political pressure

5) you can in your RCR take the plea that wife used political pressure on bank to transfer her to her home town

1. You've no locus to challenge her transfer, since this is in between the Bank and it's employee; and the court will say that you should not even be remotely concerned with this. Moreover, you cannot give your Matrimonial dispute, a Cloak of a writ petition. The court will dismiss your petition and relegate you to the Family Court to seek appropriate relief.

2. Having said that, you may use all this information that you've derived under the RTI Act to successfully contest a restitution of conjugal rights petition.

3. You're advised to approach the family court and file a RCR petition.

Hello sir , if the transfer has been done in violation of the policy and under political pressure it can be challenged .. You can file a writ in high court challenging the transfer of your wife ..

You can just take these defense to to fight your RCR case and nothing otherwise the said information can be used.

Regards

Definitely you can file the petition against SBI for the abuse of discrectionary power conferred to them. First you should send legal notice to the branch manager asking for the written cause. On the other hand, you can put all the intentions of your wife before the court of law for the purpose of getting the RCR direction.

1) I was not informed by my wife at all regarding her intention and reason

The husband has no rights to interfere in the wife's professional affairs or for that matter even in the personal maters.

She has already sought transfer on the grounds of DV and now your challenge will confirm the commission of domestic violence against her.

2) she was not entitled for transfer as SBI has a policy that minimum 5 yr for clerical grade to apply for transfer and married female to be transferred near to husband place as possible and unmarried girls near to their parental place.

You are talking about the normal transfer, but this is a request transfer and the discretion of authorities will play the role in this type of issues.

3) on conversation with branch manger I asked the reason in 4 days how she got transferred immediately so he informed that he was under pressure from finance ministry and finance ministry can direct them to transfer their employee.

So you got the answer.

4) So is this a case of exigency or unlawful activity

It is legally valid act and not subjected to any suspicion that arose in you.

5) can I challenge intentions of my wife and transfer process in family court on above facts and request court to Grant RCR in favour of me ???? Or should I file separate case to reverse her transfer to matrimonial place ???

You cannot challenge her transfer on any grounds or before any court because you cannot dictate such terms on the wife, this will be termed as an offence and you will be held for commission of offence instead of taking any action against her.

1) What's the role of finance ministry in transfer of a SBI employee

All such things are common in our country, hence you will not get any reply to any such query raised before an authority.

Moreover you have no rights to interfere in the internal affairs of the bank or any activities of the bank.

2) why sbi bank breached all its policy ???

What breach of policy and what is your allegation?

So can I use this fact in favour of RCR ???

The RCR is a personal case you have filed against your wife, this cannot in any way impact the RCR proceedings.

1)you have to make out a case that wife has refused to stay with you

2) rely upon fact that wife sought transfer after one year of service to her parents place under political influence

Yes these are important facts to prove your case before the court, these will prove very useful for you.

Best of Luck

Regards

Yes, her stand is contradictory.

Disclose this before the Family Court because she under law blowing hot and cold at the same time is impressible.

You have a good case and perhaps this issue will settle in mediation.

A. no it is not an offence, but yes if a pregnant wife is forced to travel then that amounts to cruelty.

B. Yes if she is trying to prove that she was subjected to cruelty then this statement will hold good.

C. Depends on the fact that how the same is used during oral arguments.

E. You do not have to reply to the reply of the legal notice, let her a file a reply in the RCR petition.

F. Can be used in a way.

Regards

a. No.

b. Bring this legal notice on record before the Family Court. Your wife seems to have the intent to come back to you.

c. Against none of you specifically. Whereas the entire legal notice can help you since your wife is showing the intent t reside with you under a common roof.

1) you should not force wife to travel 60 kms for work purposes

2) in fact if baby is one year old to force wife to travel long distance is in human

3) you have to deny allegations made in reply to legal notice

4) it would go against you if not denied

5) you have to mention that wife had gone to her parents place for family function and refused to return

6) wife can continue to use her maiden name after marriage

You are right. You can take all these defenses in the court of Law.

You should deny that you forced her to commute 60 kms

2) mention she did it on her own accord

3) further during second month of pregnancy she was transferred 3 kms from your residence

Your point of view is right.

Bring all of this to the knowledge of the Court.

Looks like your dispute with your wife can be settled out of Court. Get this resolved amicably. Both of have a long life remaining, which is staring at your. Getting this resolved right here, is wiser.

So on these fact I want to keep before family court judge if she deny RCR or want to make baseless allegation of DV

Whatever you have mentioned in the recent post, if to be taken up through family court, you may have to bring the contents before the court through trial proceedings either through cross examination or during the final arguments.

You will find more such developments, you cannot take up each and everything as a piece meal for solution to each thing separately every time it occurs.

a) is it a offence to ask.wife do.travelling from.matrimonial home???

You cannot compel her to do that just because she is your wife, you dont have any legal rights on this.

b) if baby is born and 1yr old.now.does.above statement is meaningful???

The above answer suits this too.

C) above statement can go.against me or against my wife

Yes, it can go against you.

D) in above statement my wife did not disclosed complete facts like she left with her father on pertext of family function.invitation card is with us and more over she did not informed.that she had taken transfer and where she is living.

This you have to challenge her during trial proceedings only.

e)how to counter my wife allegation wrt above statement.

When you confront her in the trial proceedings.

f) my wife using my sir name where she is living but in her official records ie in her SBI.bank she have not shown yet she is married and using father name.so this can also be a fact to challenge her.intentions???

She has rights to retain her maiden name, there is n compulsion by law that a woman in India has to change her surname after marriage, in fact it would amount to change of name and not change of surname.

It is her own will and wish to retain or change her maiden name.

I had forced.her to.travel.60 km because via bus it takes only 1hour 30 minute and working 60 km away can not be an excuse to avoid matrimonial home in modern scenerio.. On 10 june 2016 she.conceived and she had applied.for transfer in may 2016 and.in august 2016 she was.transferred.even she wanted to.avoid travelling she might have taken leave with out pay but she denied.so she travelled only for two month after she conceived.so this cant be a mental cruelty to me or for.any one.because lot of wifes are travelling .from 2'month of pregnency she was.transferred to.my place which was.just 3'km

It is obvious from the contents of the reply that she is lying on the facts pointed out by you.

Her intention is to avoid you hence she is using the law in her favor.

You should not go very deep into her contentions, you can technically prove she is wrong during the trial proceedings.

However, please remember that you cannot force to live with you if she is not willing to live with you even if you won the RCR case against her.

As of now she has just send a reply to the legal notice and has not submitted such statements in the court. Definitely one is required fulfil her matrimonial obligations and can not escape the same for this reasn ( as in your case)

As told earlier this notice from her will act as a good defence for you always.

Regards

You should emphasise on fact that wife deliberately took transfer 150 kms away so that she would not have to stay with you in her matrimonial Home

2) mention that during her pregnancy she had to travel only 3 kms to her work place

3) that you had married her because she agreed to take transfer near your residence after marriage

The conclusion what you arrived at in the given situation probably appears to be your misjudgment or misconception.

There is no such rule or law either in Hindu law or in any Indian law that your wife is bound to stay in your place alone even if the circumstances to live in that place is not conducive.

You have reliefs in law for everything.

If she is refusing to return to matrimonial home, which she is reported to have abandoned without any valid reason, you can file a petition under section 9 of HMA.

You can refuse to maintain her if she is not fulfilling the duties of married woman and refuses to conjugate or live with you even after your assurances to take care of her in a very proper manner.

Reading between the lines of the judgments will not help you in any manner because the judgment what you perused may not be suiting to your situation.

You can justify your reasons and expressions, whereas yo should understand one thing that though she is your legally wedded wife, she is also entitled to her rights as a citizen of the country and she is protected with constitutional rights namely right to work, right to live her life especially when the current living atmosphere is precarious and apprehended to be not to conducive.

She cannot be forced to live with you against her wishes if she expresses that she si being tortured and apprehends danger to live in your house.

You have lot of remedies in law to overcome such crises.

You may think of fruitful solutions instead further complicating the issues.

1) ask wife to furnish you copy of her application made for transfer to her matrimonial home

2) she should in court give in writing that if her application fir transfer is rejected she would leave her job in SBI

3) if wife refuses don’t withdraw your RCR case

By filing RCR petition, if you thin that you can achieve something, you are at wrong notion.

You cannot force the unwilling wife to join you by force or by court order.

She can choose not to return to the matrimonial fold neither to give you divorce.

You are at your liberty to file a divorce case on the grounds of cruelty and desertion.

Animus deserndi:

The intention to bring cohabitation permanently to an.

Two elements must be present on the side of the deserted spouse:

absence of consent,

absence of conduct reasonably causing the deserting spouse to form his intention to bring cohabitation to an end.

The requirement that the deserting spouse must intend to bring cohabitation to an end must be understood to be subject to the qualification that if without just cause or excuse a man persists in doing things which he knows his wife will probably not tolerate, and which no ordinary woman would tolerate, and then she leaves , he has deserted her whatever his desire or intention may have been.

What would you like to prove invoking animus deserendi because she can very well defend based on her employment and the harassment meted out in your house.

You are absolutely correct

You have done lot of homework and gave cired judgments relevant to your case

Whatever you are relying upon to prove your case is absolutely right and you can very well file a petition before court on the basis of your opinion drawn relying on the settled laws cited in your last question.

Yes you are totally right, and your are fighting the case on the right path.

Ask your lawyer to present your case in an effective manner.

Regards

You go there with the copy of the RCR and tell them that you want her to come back.

If police register FIR then you will have to obtain AB

There is no automatic arrest

and I would suggest you to go there and mark appearance before the police

Regards

You can request for another date

It is better you visit police station on said date

Mention you have already filed RCR petition and as counter wife has filed this false and bogus complaint

The RCR is not going to come to your rescue to solve this dispute between you and her.

If you have received the summons from Police, then you may take your lawyer and attend the police station and if you suspect that the police are trying to register FIR, you silently slip from the police station and apply for AB immediately after which you can attend the police station for enquiry

1) RCR case trial would take place in family court whereas 498A case would be tried in criminal court in your city

2)both would not be clubbed together

3)your mother can file Dv case against your wife . it cannot be filed against your father in law as there is no shared household

4) if part of cause of action as arisen in city wherein your wife is residing she can file 498A case in said city. court may not transfer 498A case in your city

it is necessary to peruse allegations made in FIR to advice

2) if part of cause of action has arisen in her city she can file 498A case from said city

3) You can file application in HC for transfer of case if you so desire

If she has committed domestic violence against your mother, then your mother can give a complaint with the jurisdictional judicial magistrate court under the provisions of protection women from domestic violence act.

The transfer of criminal case to your place cannot be requested in the trial court, you can challenge the jurisdictional point of validity during trial proceedings.

Your sister has to challenge the false allegations against her during trial proceedings.

If you have received summons to attend counselling it becomes your duty to obey the court summons.

The women cell have registered FIR on the basis of her complaint, if you have any grievances against it then you can challenge them in the trial court only and cannot talk law sitting at home.

Sir I want 498a case to run in my city because she left on 13 sept 2017 on pertext of family function. After that she took transfer. And now. After sitting for 4 month and.receiving RCR notice she filed criminal.case at her parental place.since incident took.at my place how she can.file.crminal.case after 4 month.so can I pray to high court on above facts to transfer her criminal case to my city.I can bear all.her expenses though she can.avail leave facility and highly educated. And can travell .

You can file a petition to quash the 498a case on the grounds of jurisdiction.

Dont ask for transfer because the criminal cases are not generally transferred.

The solution lies in getting the case dismissed on the jurisdictional point of view as well as other points that may be considered based on the factual situation after marriage.

173 of Cr.p.c talks about the jurisdiction of rhe criminal case and 498A is considered to be a continuing offence and therefore can be lodged at her parents place.

You may approach the HC for getting the FIR quashed on these grounds mentioned by you.

Regards

Challenge the FIR file against you under section 498a IPC in the High Court.

Object to the jurisdiction of the Court trying the said case.

Hello,

Yes you may surely approach the HC for getting the same quashed. But in 90% of cases HC does not quash the same as the same becomes a part of the trial. But yes, you may surely challenge the same before the HC.

Reg

Quashing is to be done only in exceptional circumstances

2) wait for Police investigations to be completed and charge sheet filed

3) then only based on legal advice file for quashing of dowry harassment case in high court

You can plan to file quash petition for domestic violence case.

You can also file a quash petition for quashing the chargesheet in 498a case also.

Challenge the jurisdiction of the Court trying the 498a case filed by your wife.

Take a help of a local lawyer specialising in matrimonial matters.

Best strategy is to visit police station and mention that you want reconciliation and wife complaint is bogus filed as counter to RCR case filed by you

2) quashing is to be done only in exceptional circumstances. As on date no FIR is filed only complaint is before women cell

3) objective of women cell is to help in reconciliation between parties . It cannot force you to settle

1. Summoning the party through phone is not illegal.

2. You cannot dictate them to not to register FIR, if at all you are aggrieved then you may approach court with your grievances seeking dismissal or transfer but you cannot agitate or quarrel with the police for this.

3. That is a matter of trial.

4. The court will follow the legal procedures as per provisions of law.

5. All these things can be challenged only during trial proceedings of the case and not outside.

a. They have to give you a summoning order in black and white. This does not works on phone.

b. You are advised to appear before the Courts rather than skipping them all together.

c. Ask the RCR Court to proceed exparte, if she's not turning up before the Court.

territorial law does not apply to 498A cases as the same are considered to be continuing in nature and therefore she may lodge the same from her place also.

I would advise you to go and attend the mediation proceeding, not going for the same might have adverse inference on you.

Regards

1) her lawyer will inform her

2) court can accept WS later and condone delay in filing WS

3) it is not a criminal case . No warrants would be issued

1. Court will not send any summons, since she has already entered appearance, the day to day order of adjudication by court will be sufficient, her lawyer will convey her the information.

2. Yes he can do that, however if court has ordered her appearance she may have to be present.

3. Yes under certain circumstances.

4. You can request but it is again the discretion of court.

5. Warrants cannot be issued for civil cases.

1. No, her lawyer has to inform her and secure her presence in the Court.

2. Yes, but she's expected to appear on each date.

3. Yes, under compelling circumstances.

4. Since a lawyer is representing her already, this is not possible.

5. If she's already appearing through a lawyer, no need for sending notices to her again.

1. Court will not send summon, her lawyer will intimate her and also you may intimate her

2.if there is a specific order then the same has to be complied

3. yes, further time can be taken

4. This can happen

5. Yes you can, but to issue or not is the prerogative of the court

Regards

You may disclose this fact before the family court and I would not advise you to lodge any complaint at this juncture, because it might be a case that they were calling you for counselling before registering the complaint.

Understand that not everything happening is illegal

Regards

No need to file complaint

Don’t aggravate the situation

Check the number from which call was made

If

You can seek copy of complaint made by wife

So in lieu of above facts I wants to know

a) against whom I can file complaint- my wife,FWO or both

b) where to file complaint and under what section of crpc

c) it will be useful to disclose this fact to family court on the forth coming date of WS ?

d) should I file RTI to parivar Kalyan samity for the reason of statement made by them?

Please advice what would be the best course of action along with my pending RCR petition

Answers:

a. Against neither of them.

b. No complaint is maintainable only and you are advised t appear in the counselling session.

c. Yes, this can be done. Seek a copy of your wife's complaint from them.

d.Does not makes nay sense.

Yes, take the order sheet with yourself in the counselling session.

Ask them to supply you a copy of your wife's complaint to you.

You cannot take any legal action against the family welfare organisation without confirming who called you over phone and what exactly she meant by the contents reportedly narrated to you.

After ascertaining who made this call and what was the reason that they made a call this way.

If you suspect to be any mischief or if you note one then you may initiate legal action by first making a complaint in writing against the erring employee with the officer above her and then plan to take up the matter through court of law.

The probability is that she might have given a complaint with the mahila police who in turn might have sent it to the concerned magistrate court because the police have no jurisdiction to try the DV case.

The magistrate might have forwarded the matter to the social welfare department.

Therefore you dont have to lodge any complaint against the social welfare officer.

Quashing is to be done only in exceptional circumstances

2) you cannot file for quashing before filing of FIR

a. You are right that there is no specific allegation in her complaint attracting the offences under section 498a IPC, but have you been absolved or acquitted or whether she was proved false and wrong during trial?

She may flare up with a different story during chief examination, though contradicting her own compliant, the court may go ahead accepting her evidence, then your position will be very awkward.

Therefore relying on only such discoveries, you may not succeed in the quashing of FIR, instead you may wait for the police to file charge sheet, in which the inquiry by IO would reveal certain facts which may not be reliable and create a base for you to approach high court seeking to quash the charge sheet.

b. Your perusal will not have any effect in the police case, the police may go ahead based on the recommendations by committee on this.

You can challenge their case either in the trial proceedings or before the high court with a quash petition seeking to quash the charge sheet.

A complaint before DIG may not yield any fruit, becasue he is not a deciding authority.

1. You can not file a quash petition before even the FIR is filed.

lodging FIR is the fundamental right, its maintainability is the matter of investigation.

regards