• Fake cases against my divorce petition

Hi Sir, 
I filed for divorce since i was mentally tortured by my wife and her parents. but later on she left me and filed 498A, DV and 125 from her home town. 
now she filed in supreme court to transfer my divorce case to her home town. in one month i need to visit her place minimum 5-6 times on weekdays and i am feeling anxious since they use to threaten me. is there any chance i can transfer those cases here since she was living with me and why she filed cases in ambala , when i was living with her in Noida
Asked 7 years ago in Family Law
Religion: Hindu

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

Hello,

These offences are considered to be of continuing nature and hence can be filed in Ambala. 

However, you may go ahead and challenge the validity of the FIR in the Chandigarh HC on the ground that the same has been filed to harras you and has been filed as a revenge to the case filed by you for divorce. 

The criminal case can not be transferred. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1)wife can file DV/125 cr pc cases wherein she is presently residing 

 

2) 498A case has to be filed wherein cause of action has arisen 

 

3) your personal presence is not necessary in DV/ 125 cr pc  cases . it is sufficent if you are represented by your lawyer 

 

4) 498A case has to be filed wherein cause of action has arisen.

 

 

5)court would not transfer cases to noida . conveneince of wife is gnerally taken into account 

Ajay Sethi
Advocate, Mumbai
99963 Answers
8158 Consultations

As advised file a case for quashing oof the FIR in the HC, the name of the relatives who were not living with you will be remmoved atleast. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Sir under DV act the Court where victim.resides also has the jurisdiction to.trial the case , so she can file there under DV for 498a you can try for quashing on ground on jurisdiction but in most of cases they show continuing cause of action. Further the chances of transfer are less so approach for quashing of case and get stay on trial.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sir the police will investigate they have power that is not the case in your situation you have a ground that after.ylunfiled divorce to harass you she filed all cases at her home so on his ground file quashing before Punjab and haryana high court and try getting a stay on the trial.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Police in ambala has the power to visit Noida and do the investigation. 

Once the complaint before the women cell is converted to the FIR you may move to the HC for getting the same quashed. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) no DV case is maintainable against your parents as there is no shared household 

 

2) your parents can file application for discharge before trial court in DV case 

 

3) in alternative file for quashing in HC 

 

4) it must be wife case that  part of cause of action has arisen in Ambala hence case filed in Ambala 

Ajay Sethi
Advocate, Mumbai
99963 Answers
8158 Consultations

it is necessary to peruse complaint filed by wife in ambala to advice 

 

2) police would issue you notice to record your statement 

 

3) take the plea that no part of cause of action has arisen in ambala . that parents were staying separate 

Ajay Sethi
Advocate, Mumbai
99963 Answers
8158 Consultations

If in her  498a complaint to the Ambala Police, she has mentioned about alleged incidents of harassments having said to have occurred at Noida, then her complaint cannot be entertained at Ambala.  

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

See firstly if it is police complaint still then you should try to settle with wife and ask her to take back complaint and go.for mutual divorce.

If FIR is registered then in that case you need to approach punjab and haryana high court for quashing of FIR on grounds firstly it false, second parents and brother do not stay with you and they are falsely implicated they were in no domestic relationship with her.

Thirdly police  has power they can investigate outside there jurisdiction.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Please try to understand that this is very common to file a case against the husband and his family by the wife where you have the dispute nowadays it is not difficult to torture anyone even if she or he is sitting far away from you and that is the reason that the family members are named in FIR.

Transferring the cases which is inter state everyone has to go to the supreme court in this regard if Supreme Court allows their selfie and he has the case then it can be transferred.

Regarding security Excel all these three places Delhi Noida and Punjab are coming in the jurisdiction to file a case against you or you can file cases against your wife.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

if you want to stop the transfer of case, you should have solid reasons to prevent the transfer. reasons can be your ill health, physical disability etc. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

If you are living separately than she could not file 498a against your family who does not lived with her.

 

You can quash this case from High Court on false allegations raised by your wife against you.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been tortured for no reason including your family who do not have interest or interference in your married life.
  2. As she has put allegations on those who were not even there, she won’t be succeeded eventually.
  3. Credibility of her complaints also go down as it may treated as a counter blast to your divorce petition.
  4. Yes, you should raise your objection for getting it transferred in her are when she was living with you in Noida.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You can file your reply in her transfer Petition in Supreme Court and oppose the same on point of jurisdiction. You can also show the reason of your threat to life in Supreme Court

Prashant Nayak
Advocate, Mumbai
34651 Answers
249 Consultations

Since she has already moved the supreme court you may record your objections and oppose her application strongly.

You may discuss with your own lawyer properly on this issue and try to defend your interests.

T Kalaiselvan
Advocate, Vellore
90164 Answers
2505 Consultations

how do women cell in ambala will investigate my case since she was in noida with me earlier. How do they will check background from haryana.

They may summon the accused and investigate the matter accordingly.


T Kalaiselvan
Advocate, Vellore
90164 Answers
2505 Consultations

For quashing the FIR you may have to approach the Punjab and Haryana high court at Chandigarh.

 

However these may not be a strong ground for approaching high court seeking to quash the FIR.

T Kalaiselvan
Advocate, Vellore
90164 Answers
2505 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer