Sir , Case filled by wife 498a of 2016 dec. My brother name deletion advised in charge sheet. Now presently on deletion .....protest petition of wife going on. Is it transferable to different district of husband on life threat of husband by in-laws or health grounds ? Or only after numbering of case by trial court after the deletion issue filnalised ? How much time line it takes in high court for number ing etc.
Dear Client,
Transfer of case in favor of Husband, tough deal, only in excessively exceptional circumstances can be order transfer at husband place.
Transfer petition can be filed any time, for inter state transfer in High Court, outer state - Supreme court.
Matter will list for hearing and get decide within a month.
you have to file petition in HC for transfer of case to another district
2) In HC numbering would not take more than a week
Hi
The question is not much clear that what you want to ask.
Still
It will not take much time for numbering.
Thank You
1) You can transfer case in your district on health issue that traveling is more concern and not suitable for your health.
2) Before your case application in the high court how many cases are pending in the queue depending upon that you will get resolution.
Highly unlikely that the court will transfer this case on the ground of threat perceptions or heal the issues.
Transfer will be after the protest application is decided.
Time taken in the Court will depend upon the pendency on the particular Court.
Sir, already my previous cases 1. She filed restitution of conjugal rights, 2. MC , both transfered to a town in between of our boths towns. But my doubt is of 498a whether it will be transferred ? Which is under numbering processes .
Than good, on same reasons, file for transfer
1) If RCR case is running ask court to stop, 498a case. Both the cases meaning are very different either you go by left way or right way. Than proceed for MCD.
If other 2 cases have been transferred 498A case would also be transferred
Hello,
Generally criminal cases are not transferred.
and if at the all the same will be transferred then the same will be transferred after filing of the charge sheet.
regards
You may challenge the transfer of the case in the HC also.
Regards
Dear Sir,
Definitely it will be transferred on the valid grounds urged by you. Just approach the HC and get a stay on pending 498A case, irrespective of pending of other application of name of your brother etc. The more the criminal cases are delayed, chances of acquittal will be increased, its significance will be lost. TIPS TO DEFEND 498A CASE
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Q. Can my wife or her family file a false 498a (dowry) case against me? What are the indications that a wife or her family can file 498a?
A. There are some indicators which are listed at: http://www.geocities.com/gorky_maksim/pages/assessrisk.htm
Q. Neither I nor any of my relatives demanded or have taken any dowry. Can she still file 498a?
A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.
Q. I have given a huge amount, say Rs. 5 lacs, to my wife or her parents by cheque. Can she still file 498a?
A. Yes. No investigation is done before 498a is filed and arrest warrants are issued without investigation.
Q. My parents never stayed with us. Can she still file 498a against them?
A. Yes.
Q. My wife or her family is threatening to file 498a and they are very abusive. What should I do?
A. Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately.
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again.
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI.
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction.
More FAQ’s on request.
Q. I think that I should go for divorce instead. Is it a good idea?
A. Don't make the mistake of filing for divorce. You will land up in a lot of legal problems. Apply for divorce only after you get RCR in your favor or after you get an ex parte decree on your RCR or mental cruelty is as extreme as mentioned in http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28609
Q. I'm very worried about my parents. What should I do to protect them?
A. Disown them legally: ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail.
Show up a smiling face to them. Your happy face will provide them the strength.
Q. My wife or her family are demanding money, joint property, joint account, separate accommodation, jewels, etc. and threaten, directly or indirectly, that they will file 498a if their demands are not met. What should I do?
A. Don't meet their unreasonable demands. It usually doesn't help. It will rob you of your hard-earned money that you need to spend on lawyers later. If you lose it now, you will not have anything to fight your case later in court and you'll become almost a bonded labor.
If you still need to pay them money, pay it as an explicit loan and only by cheque so that you have a record of the transaction.
Q. We went to the police, but they didn't write down what I stated verbally. What is the solution?
A. Simple. Write a complain letter yourself and submit the same in police station and get "received stamp" on xerox copy. If the police refuse to give a stamped copy, address your complaint letter to the "police officer in-charge, local area" and mention at the end of the letter that it is CC'ed to the SP. Then submit it to police. They are bound to take that and act on it. If they still do not give you a stamped copy, send it to the police by registered post and retain the acknowledgement.
Q. I fear that if the police take any action on my complaint, my wife will lodge 498a immediately? Should I still submit the complaint?
A. Yes. Simply tell the police not to act on it. Even if they say they will act on it, they will not (99.99%).
Yes, it can be transfered based on the previous transfer orders.
If there is any threat or any health issues to accused the matter can be transferred.
Feel Free to Call
that can be transfer if you ll prove that you are having danger from them or they are threatening you for dire consequences
See, it is always advisable to not to seek any such transfer in criminal cases as it won’t allow as per the rule of law in criminal law.
But, yes you can move an application for getting protection while going for the trial, but yes show something before the court that you have some proof which states the same.
Or along with that you can do one thing file a criminal case of such threat and move to the High court them protection.
You would definitely get it.
The case will be taken on file by the concerned trial court only after the IO submits the charge sheet before the said court.
transfer of criminal case from this jurisdictional court to a non-jurisdictional court are generally not entertained especially on such grounds.
The deletion of an accused from the list of accused shall be done by the IO after investigation, however she can file a petition to include those deleted if there was a mention about this in her complaint.
The 498a is not pending for numbering process.
It will be taken on file by trial court sooner the IO submits the charge sheet before the concerned court.
There are very remote chances for transfer of criminal case out of the jurisdiction
Hi
In your case, since RCR and MC have already been transferred to another town convenient to both the parties, high court may approve the transfer of 498A case also
In addition to the above ground wherein 2 other cases have been transferred to a town in between both your town, your petition filed under Section 407 Cr.P.C to transfer the pending 498A will be allowed if you can convince the high court that one of the following grounds are also existent and hence prayer for transfer
a) Life threat to any of the party including the witnesses( Life threat should be proven to the utmost satisfaction of court by submitting copies of FIR, charge sheet etc pertaining to Life threat complaint).
and/or
b) Mutual collision between the party and other judicial officer.
and/or
c) The judicial officer may be made as witness
and/or
d) When the court or any judicial authority is working in contravention to the principles of natural justice.
Presently the High court is on vacation and is working only on the 10, 17, 25 and 31 May . The court reopens on June 3rd. The vacation court will hear matters if there is urgency (if your criminal matter is listed during vacation and you wish to obtain a stay in criminal proceedings, your matter will be heard during vacation
Once the S.R. Number is given and if your petition is in order and a copy served on public prosecutor at High court, the main number will be allotted to your case. If the petition is in order, the whole duration of alloting the main number to your petition will not take more than 2 working days.
Hope this information is useful.
