• If both husband and wife are working in one city, can wife file 498a and DV cases at her home town?

Me and my wife both work in software profession at Hyderabad. My wife has filled false cases 498a against me in March 2018 and filed DV and maintenance cases on 28th December 2018. She is temporarily claims to be a residing with her parents and working from there unofficially and filed these cases at her home town which is 250 km away from Hyderabad. The purpose is only to harass us in simply traveling to their location almost once in every month. Can I appeal to honorable high court to transfer these cases to Hyderabad? Please help me in fighting these false cases instigated on me, my mother and sister
Asked 7 years ago in Family Law
Religion: Hindu

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22 Answers

If you have documentary evidence of her residential address in your own town which is different from her given address then you can file transfer petition before high court for DV case alone.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1) DV case can be filed by wife form her home town if she is residing there temporarily 

 

2) if she is staying in Hyderabad object to jurisdiction of filing DV case 

 

3) as far as 498 A case is concerned if part of cause of action has arisen in her home town wife can file 498 A case from said city 

 

4) it is necessary to peruse allegations made in FIR to advice further 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. Criminal cases cannot be transferred unless you demonstrate that you are denied a free and fair trial, else the cases have to be inquired and tried by the court within whose jurisdiction the offences have been committed.

2. You can file an application to seek exemption from personal appearance before the court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

She can file.

Asking the HC will do no good. She can say you are influential and hence she filed it at her hometown.

Instead of that think of having it (498A) quashed or stayed.

Regarding the DV you need not worry as you need not go to court every month.

So a stay from HC will do you better.

 

Do rate my answer and also visit my profile. Will be able to suggest more ideas based on your case.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

Section 27 in The Protection of Women from Domestic Violence Act, 2005 says about the jurisdictioon .

The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which—
(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or
(b) the respondent resides or carries on business or is employed; or
(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offenses under this Act.(2) Any order made this Act shall be enforceable throughout India.

 

DV case can be filed in her home town.As far as the consideration of 498 A case, the place of cause of action has arisen in her home town, then wife can file 498 A case .overall facts and circumstances of the case shall be taken into consideration at the time of starting trial , so you can oppose that things at the time of trial.

 

You have liberty to approach the high court but actions from court overall facts and circumstances of the case

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

See you can file a quashing petition in the high court for quashing 498a and DV case if there is no evidence on record the court may grant you stay . See as far as transfer is concerned there is less chance for same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. The criminal case is based on the place where the crime is allegedly occurred.

2. So if the allegations made in the complaint was sated to have occurred in the present place then it can not be transferred.

3. So the transfer petition even if filed does not appear to have any merit unless no cause of action occurred therein.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

hello

       Every petition under the HMA shall be presented to the District Court within the local
limits of whose ordinary original civil jurisdiction:
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
(iv) the petitioner is residing at the time of the presentation of the petition.

therefore if any of the conditions are true, she can file a petition at that place. 

however, you can file a transfer application in the HC citing relevant reasons.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) Yes, you can ask to high court for transfer these cases to Hyderabad, as you both are last residing at Hyderabad city. And tell court that you wife too working in the same Hyderabad city.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) you can use her salary slips to prove that your wife is employed 

 

2) you have not mentioned what is your net income after taxes 

 

3) for case under section 498 A of IPC it has to be proved that she was subject to dowry harassment 

 

4) burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

 

5) if prosecution fails to prove allegations you would be acquitted 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Sir firstly if quashing petition is already rejected then after chargesheet is filed file a discharge petition.

Secondly file proof of ITR and payslip against her claim. 

In the DV case.  Further in the DV case even at her temporary residence there is jurisdiction.

You can file a transfer petition to give try or alternatively pray for expiditing the trial.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can also apply for exemption from personal presence before the court .

 

Yes you can contest for child custody but there are less.chance that you will get.complete custody though you will get visitation right.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes the white orginal receipt can be used to establish the transaction and contradict her facts.

Further see interim maintenance is decided by court on primary grounds keeping welfare in mind you can contest the same appeal can be filed. Further when wife is earning bring her salary on record and further bring your salary on record along with the liabilities.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) you should produce your salary slips to prove that your net income is Rs 85 K and not Rs 1.50 lakhs as alleged by your wife 

 

2) you should file application to call  upon wife to produce her income tax returns , bank statements for last 3 years 

 

3) you can rely upon receipt in your possession that wife has received money from builder 

 

4) you can appeal against order of maintenance as wife is highly qualified and working drawing salary of Rs 70 K per month 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Too many questions in one shot. If you ask so many questions then you might not get quality reply to all of them. Also, the reader tends to get lost reading so much.

I suggest you hire an Advocate, he will clear all your doubts after going through your case papers.

Or take a consultation and speak to an advocate. No one will have patience to write back to so many questions.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

1. Collect evidence of your wife present residence and place of employment.

 

2. Thereafter file a petition before the High Court for transferring the said cases to Hyderabad where both of you reside and work.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You have been well trapped by your wife in allowing her to stay with you in a new home after she had deserted you.

 

2. Collect evidence of her claim that she has got her son through her brother in law.

 

3. You can also get your son's DNA test conducted.

 

4. If the DNA test stays that you are not the father of her son, then you can get all the cases filed against you dismissed and get the divorce decree.

 

5. If you get the DNA test in yiour favour but could collect the evidence of her such statement of your father hood by audio/video recording such statements, then also you can contestv all the cases filed against you by her since the said statement can be considered as an extreme form of cruelty on yoiu from her side.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. If you want to establish that she stays at Hyderabad then you should not take up this issue which will prove that your child was treated at the native place.

 

2. You shall have the file an applease before the Appellate Court challenging the maintenance order of the trial court and get a stay order on its aqpplication till tyhe appeal is disposed of.

 

3. You shall have to file a petition for transferring the case to Hyderabad as suggetsd in my earlier post to contest the same fittingly.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You can submit her IT Return and also pray before the Court for s direction upon her employer and/or I.Tax Department to submit her salary details and her ITR for the last 3 years.

 

2. From your above statement, it is clear that she is not entitled to any maintenance whatsover for her.

 

3. Her claim that she has paid Rs.56 l;akhs for your joint loan can be coundered by the evidence that she has taken back the refund from the builder.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

If you have documentary evidences to prove that her given address is different to that of her actual address and also she is employed and drawing a handsome salary, nothing prevented you from producing those evidences before court while filing your couter or onbjection to her claim, even interim maintenance claim.

What are you waiting for without filing those documentary evidences before court to defend your interests?

You can file those evidences  seeking to dismiss her claim for maintenance and also you can file a revision peition before high court sekeing to set aside the trial court's order in interim maintenance on the same basis.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The insurance claim papers or documents are very valuable evidence to prove that she is making false sttement before court.

you can utilise the same while objecting to her claim;

 

You can file a child custody case separately and make a mention about it in the counter to her maintenance claim.

 

The latest on such complaints is that the referred judgment is no more in practice because supreme court has removed the provcision to refer to family welfare committee on such cases, hence the police would enquire as per section 41A of Cr.p.c. and register FIR based on the complaint. 

You may have to challenge their claim in the trial proceedings only.

 

 

There are least possibilities to transfer the 498a case to a different place other than the place where the police statiion is situate.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The signature on white paper can be confirmed from her during cross examination, if she admits then it will be an evidence against her.

The other details like your home loan and other aspects may be highlighted in your counter to her maintenance case and prove before court that she has exaggerated the income; You have always have the right to deny her allegations, you may discuss with your adocate and put everything before court to convince court that she has approached court with unclean hands and has made a false claim on your salary income and maintenance  and also the false allegations on dowry demand and other aspects.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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