• Transfer petition

1)My divorce and chid custody cases have been transferred to telengana state by high court of ap and telengana, now ap has new high court ,is there any change to go for supreme Court I had trouble from my wife location 

2) My wife filed false 498a sec 3&4 dp act at her sister house , by saying that she COME to her sister house after two months that I came to her house and staying 2 month and tourcher both mentally and physically and filled the case when the police arrested me I told that I didn't come her sisters house how could you arrested with out enquiry of where we lived six years in Guntur I told that my wife is adultery and shown phots they won't listen and telling me to contest in court trail period is there is any process to quash the case in highcourt
3) when I approach high court and filled case and advocate told me that Jude has with drawn the case and filled discharge petition in lower court and then come to high court and I filled discharge petition in lower court and waiting for order
Asked 6 years ago in Family Law
Religion: Hindu

7 answers received in 1 day.

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10 Answers

You are at liberty to file appeal against order of HC before SC 

 

2) quashing is to be done only in exceptional circumstances 

 

3) HC is reluctant to quash FIR  pending completion of investigations 

 

4) filing for discharge before trial court is trial court 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You can try the same in SC, but the conditions are flexible for women and the success rate is less. 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

1. See you can approach SC court by the SC court may not transfer cases back or can simply expedite it.

02. Yes you may approach high court for quashing the case. But in case the discharge is filed wait for its disposal if its is against you then you can approach the high court challenging the order below. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The case must be filed in the high court for quashing the fir. 

For transfer of the case you must approach the supreme court.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Than wait for discharge application to decide, if rejected , you can aaproch HC. Judge do not withdraw but may be declining to entertain petition, so your advocate withdraw the petition with the liberty to file fresh petition if needed 

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

1. If you will be later aggrieved by the order of the High Court then you can approach the Supreme Court against the said order.

2. If the discharge petition is dismissed by the lower court then you may file a petition under section 482 of the CRPC before the High Court against the said order.

3. Please share the entire set of documents with me for a more concrete advice

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

In india womens having rights to transfer the cases to their native places. you can approach supreme court but chances are very less... 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

1.  If you want to get the case transferred to your home town then you may have to appraoch supreme court with a transfer petition..

2. You can file a quash petition before high court once the police files a charge sheet based on the documentary evidences in your possession to prove your innocence.

3. You may await the decision of the trial court

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

  1. As per the information mentioned in the present query, makes it clear that the cases have already been transferred.
  2. And now after the new high court has been set up there is no need to get it done again via Hon’ble SC.
  3. And yes you have the lower remedy of discharge and once that is not been granted/ given to you you cannot approach the Hon’ble High Court If quashing the FIRs.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Client 

If there is order from high court that you should approach high court after order on discharge petition.

Then if your discharge petition is dismissed by trial court then you can approach High court form Quashing of FIR.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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