• Transfer of case from one court to another city

Hello Sir/Madam,

my husband has vacated our rented flat in Hyderabad when I came to visit my sick parents in Bangalore despite serving a legal notice to the flat owner.He left us in Jan 2019 and came back to us in August 2019 when we spoke to a few elders in their village.He again ran away from home and it is eight years that we are married and have two kids.He has lodged some online petition in the local family court at Hyderabad and sending me links to the case through whatsapp.I have missed two hearings till now.I have lodged complaint in my native place and police is not taking any action against him.I don't have money to transfer the case from one state to another.Is there an alternative as I don't want to go and contest the case as I don't have any place to stay in Hyderabad.He says he has lodged divorce petition in the court and asking me to go and stay with him without contacting police.He is not ready to take back the court case either.

My question is can I lodge case against him in Banglore and thereby ask him to take back his case in Hyderabad.
I want him to pay lumpsum maintenance as he has taken away my expensive gold and other stuff literally leaving us onto road

if I have to transfer the case from Hyderabad ,how much would I have to spend in worst scenario

Why do police think to lodge fir if my husband broke the keys of my flat and took away my things

how can he say that he has stayed away for one year if he has come back and stayed with us for twenty days in August 2019

Is there any proper way to deal with such runaway husbands as I am concerned about my growing kids
Asked 6 years ago in Family Law
Religion: Hindu

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12 Answers

you can file application for maintenance against husband under section 125 cr pc 

 

2) you can file case of RCR against husband in Bangalore if you want to stay with husband 

 

3) for transfer of divorce case you have to file petition in SC 

 

4) legal fees vary depending upon lawyer engaged by you 

 

5) you can also file DV case against husband seek alternative accommodation , maintenance , compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

File an transfer application in high court. This is the only way. 

Otherwise you have to attend the court on every hearing.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You can file FIR and maintaiancne petition from any place or a place where you are right now. No online petition files in family court but through an advocate only and notice will issue to you. Don`t bother what he is saying.

Inter state transfer of case order by Supreme court only. Minimum 11k have to pay.

Against house break, clear case of theft made out. If police is not registering FIR, complain to SP/commissioner.

Just file FIR and maintenance petiton.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Since both the cities are of different states, you can file Transfer Petition in Supreme Court to seek transfer of the cases.

2. No case can lie through online method.

3. You can file any case including case under 498A at your present place of stay.

4. You can file case for maintenance for yourself, if unemployed and for the children as well.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Yes you can file case(s) against him at Bangalore. 

For transfer of case from Hyderabad to Bangalore you need to file transfer petition at Supreme Court.  The expenses varies based on the goodwill and experience of advocate whom you hire.

You can file maintenance and other cases against him.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Dear Madam,

There are several enactments in favor of married women.  You must show heat of the litigation to your husband otherwise you cannot sustain in such unbearable atmosphere.  You can file Domestic Violence case.

Further, she can also file an application under Section 12 of Domestic Violence Act, thereby seeking compensation for mental harassment. In case she requires residence, then she can file application under Section 19 of the said Act for seeking right to residence.  In addition to aforesaid,  in case she desires maintenance then she can file a case under Section 125 Cr.P.C., thereby seeking maintenance.

file Domestic Violence case seeking following reliefs:

 

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

 

In such cases Courts are usually inclined in favour of Women. Usually Divorce cases, and cases related to custody of children, & case of Civil Nature can be transferred by Supreme Court, when Transfer Petition is filed under Section 25 of Civil Procedure Code.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Yes if the jurisdiction allow you can lodge a case in Bangalore. 

You need to apply in SC for the same of you need to transfer it from one state to another. Contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1 if you want to transfer will assist you in that. 

You can seek maintenance from him in various Acts, like domestic violence, 125 crpc etc to deal with such run away husband. 

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See firstly you can a police complaint for your gold and for the harassment if police is not taking action a private complaint before court can be filed.

See you cannot file case and ask him to take back his cases you can seek free legal aid in SC and file for transfer of case also you can file for maintenance for your self and your kids by filing before the court.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Why you did not file 125 crpc maintenance petition?

For transfer of case from one state to another state you have to file transfer petition in Supreme court..

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file a maintenance cae and also a DV case in Bangalore against him.

You can also ask for return of your valuables in the DV case.

You can even ask for protection, residence and compensation from him through the DV case.

For transfer of case from Hyderabad to Bangalore you may have to file transfer petition before supreme court only, the expenses for this may have to be enquired from the supreme court lawyer only.

The police hesitate to register criminal case because he is your husband and he has rights to take your articles in the house at the time of vacating the house.

You have to prove before court about his staying with you for 20 days in Bangalore to prove that he has not stayed away from you for the said period continuously.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. If you do not contest the case then court will proceed ex parte against you and possibly decree the petition in favour of your husband. The court issues you summons to afford you an opportunity of being heard in defence, but the choice is yours.

2. You are free to file a DV case against him under DV Act, 2005 to seek maintenance and alternate accommodation.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. For transfer petition you have to hire an Advocate in High court and if you dont have enough money to contest the case then you can contact legal Aid Cell in High court to provide you Lawyer free of cost. 

2. Once the case is transferred to your city he will  be under pressure to settle the case as soon as possible.

3. If police is not taking action on the complaint filed by you then you can send a complaint to SP of your district against police officials For not taking any action against your husband.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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