Want to challenge wife transfer
Hi
I filed RTI in SBI branch where my wife was working and I asked information regarding her transfer process and in what ground she took transfer, following reply came
A) she wrote an application on 14 Sep 2017 to branch stating that her inlaws doing DV so transfer her to paternal place.
B) 18 sept she was relieved from the branch to her paternal place.
Since my wife has a service record of 2 yr only and she is on clerical post can I challenge her transfer process on following facts
1) I was not informed by my wife at all regarding her intention and reason
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.
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.
4) So is this a case of exigency or unlawful activity
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 ???
Asked 7 years ago in Family Law
Religion: Hindu
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61 Answers
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
Advocate, Mumbai
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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
Advocate, New Delhi
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On this ground you can seek divorce/RCR
Advocate, New Delhi
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Ok but it's clear cut violation of SBI policy and branch manger himself saying that he was under pressure from finance ministry which I have recorded so
1) What's the role of finance ministry in transfer of a SBI employee
2) why sbi bank breached all its policy ???
So can I use this fact in favour of RCR ???
Asked 7 years ago
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
Advocate, Mumbai
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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.
Advocate, Lucknow
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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 ..
Advocate, Gurgaon
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You can just take these defense to to fight your RCR case and nothing otherwise the said information can be used.
Regards
Advocate, New Delhi
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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.
Advocate, Delhi
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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.
Advocate, Vellore
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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.
Advocate, Vellore
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Hello on the following fact I want to challenge transfer and intention of my wife
A) As per finance ministry guideline to SBI chairman, married women should be transferred as near as where her husband is stationed or vice Versa and unmarried girl as near as to her parental place.
B) Eligibility criteria to apply for transfer by clerical staff is after 5 year of service and not before that
My wife joined SBI nainital branch in may 2015 after marriage she applied for transfer in may 2016 on spouse policy i.e. She is married now and should be transferred to husband place and in Aug 2016 she was transferred to husband place. Now on 13 Sep 2017 she again applied for transfer to parental place and with in 4 days she was transferred and under political influence as stated by her branch manger so this is a clear cut case of wilful desertion and staying away from her matrimonial place and she is still employed as clerk and having same salary and after transfer she is saying that I and my mother should leave our permanent residance and stay with her in a rented room to look after 7 month old daughter and at the same time she is saying we did domestic torture to her. So how it is possible that if we did domestic torture to her and she want to stay with us at different place. So my wife intention and allegation contradict herself.
So on these fact I want to keep before family court judge if she deny RCR or want to make baseless allegation of DV
Asked 7 years ago
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
Advocate, Mumbai
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Yes these are important facts to prove your case before the court, these will prove very useful for you.
Best of Luck
Regards
Advocate, New Delhi
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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.
Advocate, Lucknow
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Hello I had sent a legal notice to.to my wife on 7 oct 2017.she received it on 26 oct 2017 on the address I gave.mean time I had.filed.RCR summon.on 17 oct 2017 but that.summon returned undeliverd. From.the same.address saying no one living at that address.court hearing was.on 30 th nov.after that I reissued summon on the working address of my inlaws and wife and.the same.address where I had send summon and legal.notice on 2 dec 2017.suddenly I received a legal notice from my wife on 9 dec 2017 in reply of legal notice sent on date 7 oct 2017 whose extract are as follows
Before marriage my condition was.that my wife will live.with mother only and after engagement I forced My FIL that after marriage wife will do travelling from matrimonial home to her place of working( SBI bank which is 60 km from matrimonial home) and after that marriage solemnized on 24 april 2016.After marriage husband was in hurry to have child and did not cared for.wife and made.forced pregnent wife to travel.60km and bank considerd her apathy and transferred to her near matrimonial place.After that MIL and me.insulted her on few occasions and she was forced to leave matrimonial home along with her infant baby on 13 sept 2017.And from past 4 month.I have not came to meet her and.my daughter so I am.requested to visit my daughter and.wife and fullfill.the duty of a father and wife.
Wrt to above statement I want to ask few question
a) is it a offence to ask.wife do.travelling from.matrimonial home???
b) if baby is born and 1yr old.now.does.above statement is meaningful???
C) above statement can go.against me or against my wife
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.
e)how to counter my wife allegation wrt above statement.
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???
Asked 7 years ago
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
Advocate, New Delhi
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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.
Advocate, Lucknow
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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
Advocate, Mumbai
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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
Asked 7 years ago
You are right. You can take all these defenses in the court of Law.
Advocate, New Delhi
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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
Advocate, Mumbai
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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.
Advocate, Lucknow
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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.
Advocate, Vellore
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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.
Advocate, Vellore
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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.
Advocate, Vellore
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This message is for kalaiselvan sir,kindly advice other members too
Sir I just gone through recent judgments where two spouses are working at different placed or taken transfer to different places,they clearly states that husband wife by mutual agreement can live at any place but when consent is absent then it has to be with in accordance with HMA. Because it's all about Hindu tradition and sanctity of marriage.when word Without reasonable excuse is considered it has to be dealt in wider sense. So wife just can not say she is employed and deemed to live separately for her own welfare but this can only be overridden when it comes to the welfare of family or ill treated by husband and inlaws if grave and weighty. Here case is so simple wife has taken transfer with out my consent when she was already employed at my city and moved near to parental place what ever may be her intention. Now she can't give excuses as she was already employed 60 km before marriage and to avail conjugal rights she has to travel 60 km otherwise if I would have agreed her demand where she was posted and bank not transferring her to my place then no use of getting married. Here distance not important it's about time to return back to matrimonial home i.e. 1.5 hr only. If I am not mistaken in metro cities just travelling 20 km takes 1 hour during peak hours. So wife can not say that she is employed at 60 km from matrimonial home. More over she can not give the reason of exigency also because she was at clerical post and took transfer at request.This reference I am taking from the following cases Smt Kailash wati vs ayodhia parkash. Where it clearly states that equilibrium has to be maintained beetween conjugal rights, wife employement and welfare of family. If my wife had least intentions of saving family she might have choosen to stay in different house and maintaining conjugal right continuously or intermittently but she took transfer 150 km to permanently foresaken matrimonial ties. Kindly advice
Asked 7 years ago
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
Advocate, New Delhi
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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
Advocate, Mumbai
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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.
Advocate, Vellore
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Hello sir,my wife and FIL have received RCR summon in 2nd week of Dec 2017. Hearing is in last Jan 2018. During 2 week of Dec 2017 I had informed my wife to come back at home since I was going through surgery but she did not turned up at all. After that she called one of my relatives and gave excuses like she was not able to come as baby was too small to travel and clearly told them that neither she will leave her job nor she will come back to matrimonial home and will not give divorce either. I don't know whether she will turn up for RCR,sec 26 child custody hearing or not but I want to prove animus desrendi on the following fact
a) she left home with certificates and all jewellery though we have not filed any police complaint as she took in front of all family members
b)she took transfer without informing and against my consent to her parental place.
c) she did not came to attend family function at our home and in surgery too.
d) she is saying she could have come if MIL and husband might have attended family function at her parental place. But what prevented her and my inlaws not to come back is unknown. She must have come back even if we did not attended family function.
e) I want her to give following option to prove animus deserendi
1) leave job if willing to come back as my salary is 2.5lk per month and I can take care of her
2) take transfer back to my place because my place have SBI banks too and she was employed at my place.
3) she is also having bpharma degree so she can leave bank job and can do private job at my place if willing to resume matrimonial obligation.
I know she might say right of equality and her own choice but I want to prove only animus deserendi because I just gone through few supreme court judgement where it is clearly mentioned by honerable court that section 9 of HMA is not a violation of article 14 and 21 of constitution of India.
Now if suppose she turn up for hearing and says want to compromise but don't want to leave her job and will apply for transfer but I want only RCR decree because she will not apply for transfer and keep fooling me that she is willing to come back but now bank is not transferring her,so can you advice me how to proceed in this situation because if I withdraw RCR case and section 26 on promise of my wife to return back then there will be no decree against my wife and later I will have to run again. Kindly advice me what would be the best strategy to have RCR decree
Asked 7 years ago
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
Advocate, Mumbai
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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.
Advocate, Vellore
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Sir I know I cant force my wife to live with me
As far as harassment is.concerned I have all the proofs with me,photograps witness videos,because I have a joint fam.as far as transfer is concerned she voluntarily took transfer to parental place. She was on clerical post not BM or PO. Where routine transfer is there.more over she cant give excuse of choosing her place of working. Because at my place 7 sbi branches exists and in a city.where as my wife has moved to 150 km. Where her father is living which is a typical remote area .
There are 3 such cases decided by high couts where wife has either taken transfer away or refused to took.transfer near to her huband place.in these cases two things were common
a) wife employement,(govt job)
b) allegation by wife of ill treatment by husband
But wife not able to proof point b so desertion 2 yr was automatically prooved hence divorce granted.
In kailash wati vs ayodhia parkash divorce granted because wife being as a govt teacher took retransfer from.husband place to parental.place and.refused to took.transfer. to her husband place but desrtion period of 2 yr was pooved and no ill treatment by husband.
In satish kumar vs sashi prabha yr 1992 wife was a govt employee and husband after marriage got a job in NTPC and moved to another district but wife did not took transfer to a place where her husband is posted so divorce granted by MP.high court.
So two elements were present
employement of wife and allegations of ill treatment by husband but wife not able to prove ill treatment.
In one more case wife was a teacher and drawing a salary of 5000 and husband was working as a painter earning 1000 rs. This was known to wife before marriage so bombay high court held that wife can not desert husband on merely giving a.excuse that she is employed and have right to live separately.her demand was that when husband will start earning more than her or equivalent to her she will join him.hence divorce was granted.
All these cases resemble to my situation.
Because at last my wife has said if I and my mother start living with her at her place she will be happy,so she can not take advantage of her own wrong.if we did harassment why the hell she want to live with us at some other place and why she took transfer.
Kindly advice me sir if I am wrong
Asked 7 years ago
You are absolutely correct
You have done lot of homework and gave cired judgments relevant to your case
Advocate, Mumbai
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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.
Advocate, Vellore
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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
Advocate, New Delhi
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Hello today I got a call from.mahila thana.cell saying thatwife has filed harassment case against MIL SIL and husband and I have to appear on 7 feb. My RCR case is on 31 jan. My main question is that I dont want to go there.they have dispatched summon.and its on.the way.kindly advice what best can be done because she most unlikely to come to RCR hearing and wants me to come.there and what proactive measures can be taken if police register FIR???can police register fir if wife make any complaint?
Asked 7 years ago
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
Advocate, New Delhi
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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
Advocate, Mumbai
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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
Advocate, Vellore
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Sir summons have been served through district court. They told me that wife have filed case aginst me my sis and my mother in women cell and they reffered the matter to district court and summon has been dispatched and I have to attend conselling there. But in any case I dont want to go there.
a) she is filing case after 4 month
b) when I send legal to her on 7th oct 2017 she replied to that notice after two month ie on 9 dec 2017 saying we insulted her and insult and.harassment are diffrent thing.
c) we send RCR summon and she received it on 2nd week of dec 2017.so after 1'month passed ie on 17 jan 2017 she made.complaint to mahila thana
d) in lieu of above facts I want her case to be clubbed together with my RCR case so.that I dont need to go there.
e) she made complaint against my sister also regarding harassment but she had come home for.1 day only.
f) so can my mother file DV case against my wife and her father in return because it was the my wife who provoked us and misbehaved with us and.my FIL.often used to force me.and my mother to move to.the metro city.
e) can my RCR case be effected if my Mother file.DV case against my wife.
f) can I pray to court to transfer her harassment case to my place since incident happend at my place and all witnesses are at my home regarding DV and 498a case
Please advice so that I dont need to go there at my wife place and her case is transferred here because how women cell registered a case of harassment without any proofs???'
Asked 7 years ago
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
Advocate, Mumbai
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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 .
Asked 7 years ago
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
Advocate, Mumbai
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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.
Advocate, Vellore
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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.
Advocate, Vellore
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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
Advocate, New Delhi
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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.
Advocate, Lucknow
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Hello my RCr hearing was on 31st Jan 2017. My wife did not came but her lawyer represented and presented a letter on her behalf.so judge has given 90 days time to file WS and instructed in order sheet that my wife should be physically present.in request letter by wife just mentioned that she is unable to attend the case due to some problem and did not informed at all that she is working and already filed a case at her working place that's why I got a call from FWO to come for counselling and harassment case is filed by my wife.Now in lieu of her case I want to file quash petition for dowry case and 498a case when I receive summon from her place which is out side our jurisdiction area,A) she filed case after rcv RCR summon and that too after 1 month when RCR hearing date was due.b) as far as DV case is concerned though it can be filed from a place where aggrieved person is living or working or carries business but as per former justice shiv narain dhingra domestic relationship must be alive and in existence at time of reporting domestic incident complaint. For eg if wife move from husband place to another place due to domestic violence and temporary living there then domestic relationship is in existance and similarly if she is forced to leave her job at her husband place and start working temporary at some other place due to DV then domestic relationship is in existence and aggrieved person is working and carrying business at any place then domestic relationship must exist between aggrieved and respondent. as per him domestic relationship must be in present not in past though incident can be of past and for that time limit is 1 yr.Now my wife has taken transfer even due to false allegation of DV from my place and after 4 month she is filing DV case domestic relationship has ceased because neither I have been there at her place nor she is coming to my place and she is working so how harassment or cruelty exist now.
B)Now coming to 498a cases as per CRPC section 177 - ordinary place of trial should be place of incident.178- it says place of inquiry or trial could be if offence is committed in several areas or continues in one local area and continued to be committed in another local area.179- offence committed and consequences ensue. Offence committed in one area or where consequences ensue offence can be tried out, inn lieu of section [deleted] of CRPC supreme Court and various high Court held that just merely wife is harassed at husband place for dowry and she left for parental place does not mean that such offence can be tried out at another jurisdiction area. if husband on demand of dowry beat his wife at his place and for that demand of dowry he takes his wife and goes to parental place and harassed her wife there or his demand is fulfilled there then an offence can be continuous in nature and consequences ensue and committed at another jurisdiction area. Please adv
Asked 7 years ago
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
Advocate, New Delhi
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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
Advocate, Mumbai
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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.
Advocate, Vellore
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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.
Advocate, Lucknow
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Hello I checked mahila thana cell website where my wife is staying no complaint and FIR is registered till now.Family welfare organisation again called up for counselling and they instructed me accept notice.i again told them i have filed RCR petition in family court and harassment complaint is bogus and I am willing to keep my wife but they are pressuring me to come and meet them.
a) is summoning the accused through phone allowed and forcing to come for counselling.??!
b) I do not want to go there because even if they want to file FIR in 498a it will be of no use since it is out of territorial area so police and district court can't register any case there and any way FIR should transferred to my place.
c) I want my in-laws and wife to commit mistake because it will be easier for me to Quash 498a on territorial issue or false case or as an afterthought of petition filed by me.
d) my in-laws with the help of police might force me to compromise and accept there term and later my wife during WS submission in RCR petition might say that husband has compromised so he is at fault.
d) even if she files DV case I am not willing to go because she is working in bank earning 30000pm so she can't claim any relief under DV act and even she can't claim rent for residence as she is getting HRA,so even I dont go there magistrate can't pass any relief under DV act.
e) my wife filed a complaint to mahila thana on 18 Jan 2018 and on 30 jan 2018 she did not appeared for RCR petition and nor submitted any WS through her lawyer who represented her.At one side she has time to complaint to mahila thana, but same complaint or objection she did not filed on 1st hearing at the family court and also from my place police station is just 3'km so instead of filing complaint there before taking transfer my wife filed complaint at her parental place after getting RCR summon.so this itself contradict her approach and intentions. please advice on this issue
Please kindly advice if i do not go there then RCR petition might help in high Court on above facts and circumstances??and what would be the best strategy???
Asked 6 years ago
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
Advocate, Mumbai
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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.
Advocate, Vellore
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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.
Advocate, Lucknow
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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
Advocate, New Delhi
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Hello, in order sheet of my RCR suit family court judge has ordered that wife to be present personally and file WS on 24 March 2018 since she was absent and her lawyer was present.WS date is exactly 90 days.so my question is
a) will court send summon again for her personal appearance or her lawyer will inform her?
b) her lawyer can file WS on her behalf if she is absent?
c) can WS be extended beyond 90 days?
d) I am suspecting she might give medical certificate to skip date again so can we request to proceed for expartee?
e)can I request court to issue warrant against her?
Please advice what to do
Asked 6 years ago
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
Advocate, Mumbai
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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.
Advocate, Vellore
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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.
Advocate, Lucknow
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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
Advocate, New Delhi
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Hello parivar kalyan samiti(family welfare organisation) had called me saying that my wife has filed harassment case against me in mahila thana and complaint has been forwarded to district court and same has been referred to them and I have to be personally present for counselling.this conversation I recorded in my mobile.in the mean time I was not able to receive the summon as I was out of station.i filed RTI to mahila thana asking whether any complaint or FIR made by my wife,they replied that no complaint or FIR has been made by my wife against me and my family members.
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
Asked 6 years ago
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
Advocate, New Delhi
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To anilesh tiwari and others
If RTI reply saying that no FIR or complaint has been made by my wife in mahila thana then it's clearly means that neither such complaint was made to them nor they would have forwarded to district court because if complaint would have been made to them and they would have forwarded to magistrate then they should have record but they are denying the fact that my wife made any compliant to them.as far as counselling is concerned it's my wife duty to tell district court that husband has filed section 9 HMA. Because relief under section 26 of DV act can be sought by family court too.
As per your advice I will not file any complaint but can I send order sheet of RCR petition to them asking them to give me complaint copy made by my wife.
Asked 6 years ago
No need to file complaint
Don’t aggravate the situation
Check the number from which call was made
If
Advocate, Mumbai
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You can seek copy of complaint made by wife
Advocate, Mumbai
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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.
Advocate, Lucknow
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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.
Advocate, Lucknow
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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.
Advocate, Vellore
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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.
Advocate, Vellore
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Hello I had filed RTI to family welfare committee to provide me the complaint copy of my wife and police station from where report was forwarded.I got following information.
a) Complaint copy filed by my wife to the concerned police station.
b) letter forwarded by the police stating that 498a section is attracted so as per supreme Court guideline matter is forwarded to FWC
c) FWC report stating that husband did not participated in counselling despite notice and Mahila thana is adviced to take action as per law.
Now I perused the complaint of my wife given to police station,bare perusal it self shows that 498a is not attracted.No date of incident, no beating, no demand is mentioned.Its only contain like taunting about dress,figure,few incidents of domestic quarrel but no specific allegation.more over FWC has forwarded matter back to mahila thana where my wife did not filed any complaint.it was filed in different PS.
In lieu of above facts I want to know
a) can I file quashed petition before registration of FIR
b) can I challenge the report of police forwarded to FWC stating 498a is attracted when bare perusal itself shows no ingredients of 498a is attracted and it also lack territorial jurisdiction area
So can I file quashed petition in high court before registration of FIR or shall I complaint to DIG
Asked 6 years ago
Quashing is to be done only in exceptional circumstances
2) you cannot file for quashing before filing of FIR
Advocate, Mumbai
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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.
Advocate, Vellore
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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
Advocate, New Delhi
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