Advocate Kumara B

Questions Answered by Advocate Kumara B

Q: Can I file for Transfer petition in High court of Bangalore

She lives in Hassan, I live in Bangalore but she filed Domestic violence is in Mysore. Last we both lived together in Bangalore in June 2016. the only reason they are giving is register marriage is in Mysore which happened in 2007. Can I file for Transfer petition in High court Bangalore to transfer it to Bangalore or Hassan, because Mysore does not have jurisdiction(section 27 of DV)?

Advocate Kumara B answered
Have you filed a case against your wife, if no you can't seek transfer petition.. If you file a case for divorce, then you can seek transfer. That case at Mysore can squash it at high Court, because no jurisdiction to entertain the case without any cause of Action.

Q: Wife filed false case and asking for divorce and child custody

Wife left matrimonial home with the child without consent. She filed false allegations and asking divorce, money and child custody. Who will get custody of the child when the judge comes to know that they are false allegations. Kindly please respond.

Advocate Kumara B answered
The allegations related to crimal case trial by magistrate and other allegations for seeking divorce not so important.. Alimony and maintenance are gift by the court according to provisions and law laid down for protection for female from domestic violence... Child within 7 years naturally child under the custody of mother after that consent of child necessary merit to decide the custody of the child

Q: Not asking for divorce neither willing to live together.

Me and my husband are married for 7.5 years now.we both are hindus's .From past 4 months we are staying separately.I saw him buying gifts for his ex and that is when the fight began. we had a fight for 4 months and then I called his parents for help they asked me to stay with my parents for some days and I followed.Now he is neither talking to our daughter nor taking any care of her.he refused to talk about the issue when asked by our close friend.he is not asking for divorce also. please suggest . Can I file for divorce and still be able to get alimony for me and my daughter?

Advocate Kumara B answered
First you send legal notice then you file maintenance after if necessary to divorce than file or demand for restoration of conjugal rights or file criminal case under section 498A including his ex girl friend

Q: Two bails required....................................................

Sir, firstly the case filed against my family members, and we took bail in taluk court and released from station, but now our lawyer saying we should take another bail from district court, are we need 2 bails for a case?

Advocate Kumara B answered
First you take information about cases filed..then you think wheater you are absconded then you require anticipatory bail from district court or if you directly surrendered before lower court then regular bail.. Other than this bailable offences can be released at station only with one guaranter

Q: Jurisdiction related to filing of Domestic violence case

I am in an abusive marriage from past 22 months. I am pregnant now and my mother in law and my husband on my mother in law instigation has physically harassed and tortured me. This is ongoing from the very begining but I took all this to save the marriage but now they beat me in pregnancy. To save myself, I called police emergency and then got rescued. I gave a written letter to police about leaving from there to a relative place in the same city. I was staying with my husband in and after this I came back to my parents place which is a different state to get proper medical attention and care. I would like to know if I can file DV case and file divorce from my parents place or not. What are the timelines to do the same. It would also be helpful if someone can help me regarding Childs rights in this scenario as I do not want any compormise as it wouldn't be safe.

Advocate Kumara B answered
there is no limitation to file a case, but you file a case as soon as possible alongwith medical certificate and file case against your husband and in-laws under sec 498-A, D.v Act and maintenance or divorce case.