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Clarification for 498a,506,294,34 & DV
12-Apr-2023 (In Family Law)
Sir, I am a govt servant, working in Gujrat. My family resides in Madhyapradesh. Wife left me on May-16. In Oct-16, my wife has filed 498a, 506,294,34 (in few days charge sheet will be filed) & DV (in feb-17) against me and my parents in Chhatisgarh (at her hometown). My questions are: 1. After filing of charge sheet, it is really hard to attend trial regularly from Gujrat. Neither my office allows continuous leaves nor my budget allow for this. Can I approach to Supreme Court for transfer of this case from Chhatisgarh to Gujrat or Should I go for 482 crpc in respective HC? Chances of success in both? 2. Maintenance- My wife is well qualified (MBA) & from well settled family, however she is not working. I have also filed RCR before her FIR .What should I do for denial of interim maintenance? 3. Can I file any counter case on her and her family members at this stage?
On the basis of the said story. Cause of action arise in Gujarat so FIR Should register any where but it transfer to Gujarat and if that is not transfer by concern authority then you may approach Supreme Court for transfer the complaint/fir you definitely success in transfer petition if your wife is educated and capably competent to earn money then the maintenance is not on your responsibility
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Adv. Hitesh D Katharotiya
Ahmedabad | 100+ Answers
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as there are 2 different states are involve in your matter you can file your transfer petition in sc only. chances are not much. i will not advice 482 in h.c. you should consult a family lawyer for further action.
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Adv. Nirmit Pathak
Ahmedabad | 100+ Answers
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