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Procedure to transfer false domestic violence case & maintenance case
19-Jun-2023 (In Criminal Law)
Hi Sir, My wife has filed a false legal DV Case with Maintenance. She left me home on July'2016. She told wrong Salary of hers in the court. Also I got to know about her past marriage and when I asked her about the same she did not responded and neither gave any document that she has been divorced in her last marriage. She was humiliating me and my parents all the while. She left my home without reason we never asked her to leave. Now she has put a false case of DV and asking for false maintanense case. Pleases guide me how to come out of this safely and how to proceed for the same. Also Girl and myself both are staying at delhi. But she belongs from Punckulla so she has filed a case at Punchkulla. Is there any fesiblity to shift the case at Delhi Court. Regards, Soumya De
For the case to get transferred here in Delhi, you will have to approach the Supreme Court. Also all cases are not transferred, strong factual circumstances are required for the transfer of cases.
Also, it is important for you to decide if you want to file a divorce case against her or not?
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Adv. Abhisree Saujanya
Delhi | 25+ Answers
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Yes you will have to move the supreme court for transfer of the said case to Delhi but only if you have evidence that your wife is working in Delhi. I would also suggest that you file quashing before the high court to quash the said complaint as being false and frivolous.
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Adv. Arvind Thapliyal
Delhi | 25+ Answers
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Dear Sir,
First of all the power of transferring the cases from one state to other state is with Hon'ble Supreme Court of India, there are many grounds for transfer of cases from one state to another.
secondly, if she wrongly stated the salary etc, she then the claim of hers will be cancelled by the appropriate court.
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Adv. Alok Kumar Tripathi
Delhi | 50+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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