1. 498A and 125 CrPC are not transferred except if the person who applies for transfer can show that he is not getting a free and fair trial.
2. You may seek permanent exemption from personal appearance.
Divorce
My wife left home in Aug 2017 and registerd cases of 498A, domestic violence & Crc 125 Police investigation, comittee meetings, counselling took place in this 1 year. As usual, above cases are fabricated and not true. Despite counsellors having told my wife to mutually settle and take divorce she is insisting she will fight the cases. We have 2 year old son. As the state of my residing & case hearing are different it becomes difficult to travel with my parents who are senior citizens, not keeping good health A) is it possible to transfer the cases or take exemption from personal presence ? B) what cases can i lodge in my state against my wife indirectly helping me to get divorce sooner
Asked 5 years ago in Family Law
Religion: Hindu
9 Answers
Hello
A transfer application must be filed in the HC in order to transfer the case to your place or a place that is convenient for both of you.
Restitution of conjugal rights application must be filed wherein she would have to inform the court as to why she left you. If she does not have a credible reason that is a ground for divorce.
Cruelty is another ground.
Regards
Convenience of wife is generally taken into account
2) you can make application fir exemption from personal appearance
3) if your wife has malinged your reputation you can file case of criminal defamation against wife under section 500 of IPC
1. Transfer of criminal cases are very are and not allowed in regular circumstances. However you can seek personal exemption of your parents by filing a petition under section 205 crpc.
2. Cases are meant to be filed for settling personal score . If there is or was any commission of offence then you can file cases against your wife. But there is no provision of law to file case unless you do so falsely which is not advisable only to get divorce.
3. Civil suit takes time. So have patience and pursue your divorce suit vigorously. There is no other way out.
1. Yes for parents you can take permanent exemption from trial court An application for permanent exemption can be moved.Section 205 read with Section 313 of the Criminal Procedure Code. Section 205 deals with exemption from appearance and Section 313 pertains to personal examination of the Accused. It is thus logical conclusion that if an accused is personally exempted from appearance in a summons case then the need for his personal examination is dispensed with as well.
Further for you you van remain present sometime and some time your advocate can file exemption.
2.She if wife is threatening you or there is any record of same then intimidation threat case can be filed.
Cases can be transferred to one place buy a petition in the High Court in this regard but in case we transfer requirement is interested then it can be transferred by filing slp in Supreme Court and then a case in Supreme Court in this regard
Normally in this kind of cases husband has nothing to do except to help in the investigation
Dear Cleint,
Transfer of case not possible in husband favor but exception of presence is permitted.
You can file RCR u/s 9 of Hindu Marriage Act and for custody of child.
This way she may force to agree for mutual diovrce.
You can file a petition under section 205 cr,.p.c. in DV and 498a cases seeking to dispense with the personal attendance of your parents owing to the factors that you rely upon.
You can file a divorce case on the grounds of cruelty.
Dear Sir,
Your parents may file and get permanent exemption in attending the court. You may attend the court on alternative days. You have to approach Supreme Court if case is to be transferred is one State to another State. Get file a DV case by your mother against her daughter in law as follows:
All women in household deserve protection under PWDVA
22 Sep2010by videv Leave a Comment
When laws are made to satisfy whims of a few feminazis, the result is such litigation as in this Delhi case below. It is to the credit of few judges who come out with such judgments every once in a while which puts brakes on the onslaught unleashed by Domestic Violence industry. Some excerpts of the judgment are below followed by full text later:
The misuse and abuse of the Act is a
matter of serious concern for the courts who are required to be
careful and ensure that a woman petitioner is not made a puppet
or pawn in the hands of her male relatives so as to manipulate
the Protection of Women from Domestic Violence Act, 2005
and use it for ulterior motives.
…
At the very outset I may observe that merely because
the revisionist no.3 Smt. Sarika Mehta happen to be the real
sister of the husband of present respondent would not ipso-facto
imply a domestic relationship to the extent as contemplated
under the Protection of Women from Domestic Violence Act,
2005 as she is residing separately with her own husband and
cannot be deemed to be a member of the shared household as a
joint family.
…
Making wild allegations against an unmarried sister-in-law of a
tender marriageable age by an estranged wife of brother
tentamounts to inflicting violence upon her and it is the duty of
the court to ensure that she is protected from the same.
Full judgment text below:
————————————————————–
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS
JUDGE-II (NORTH-WEST) ROHINI COURTS: DELHI
Crl. Revision No. 367/2010
1. Santosh Kaur
W/o Sh. Mohan Lal Kashyap
R/o 6-D, Janta Flats, Satyawati Colony,
Behind Laxmi Bai College,
Ashok Vihar, Phase-III,
Delhi.
2. Ms. Ritu Kashyap
