MyNation Foundation Forum » Advice » 498A

  1. kurheamol
    Member

    Only asking Judge to go with Trial that to on Merit basis is the reason to loose the case????

    Will you please elaborate the Transfer on Jurisdiction. As I have heard that Wife can file the maintenance application at her parental Home irrespective of Jurisdiction.

    Also, where exactly I need to File Transfer Petition????? I.e Nagpur Division of HC or directly to Bombay HC?

    Posted 5 years ago #
  2. kurheamol
    Member


    Posted 5 years ago #
  3. Dr.Dsouza
    Member

    Transfer between 2 states then its SC or else HC of state. where it has jurisdiction.

    She can file maintenance from anywhere as temporary basis or start the case, but to fight it out she should be in jurisdiction, as you are in nagpur jurisdiction and now she is nagaland, that not mean that she can file maintenance in nagaland and you have to go there to attend case.

    Posted 5 years ago #
  4. kurheamol
    Member

    Sir,
    I had discuss the same with our lawyers but they are opposite of the same as according to them the Transfer will 99.5% will be rejected in-spite your health, in-spite of the behavior of the Judge. I can understand that no lawyer will risk this.....but what is the way out???

    Few of them states that the Judge is female Hatteras but in my case its opposite..

    Posted 5 years ago #
  5. Dr.Dsouza
    Member

    Men life has no value in India, when there are blind judges.
    as i told you before, no need to be there every time, when your lawyer is representing you.

    Posted 5 years ago #
  6. kurheamol
    Member

    Yes, this time i have informed my lawyer to file Pursis requesting for next date. let see if this works...even if she passes the interim Order im ready to go to jail but I will not pay single penny.

    Posted 5 years ago #
  7. kurheamol
    Member

    This is to inform you all that another date in CrPC 125 has been granted again with only 4 days gap. The next date is 5th Jan 2011. In spite of giving medical certificate the date was assigned.

    Posted 5 years ago #
  8. kurheamol
    Member

    Interim Order of Rs. 5000/- has been passed by the Family Court, Akola.

    What should be the next step??????

    Posted 5 years ago #
  9. Dr.Dsouza
    Member

    you said you will not pay.
    now its upto you, bring stay/reverse on that giving all possible reasons. from HC
    like her work
    education
    Your RCR status.
    her demand of Divorce
    and judge biased attitude. etc.

    Posted 5 years ago #
  10. kurheamol
    Member

    Right Sir,
    I dont want to pay.
    Can u help with the procedure to go for appeal in HC?

    Do I have to go in Nagpur Bench or i can go for Bombay HC???
    Also, do I have to deposit any amount in HC?????
    Some have suggested that as Akola Family Court is in Nagpur Bench juridiction I'll have to file it in Nagpur only.
    also may i know the time limit for such kind of appeal?

    Posted 5 years ago #
  11. Dr.Dsouza
    Member

    yes there is time limit; check the order copy fo the next date for payment, it is better if you approch HC before that.
    Appoint good lawyer, better to pay lawyer than her and fight it out.

    Here is list of MAHArashtra Judiciary

    For the present High Court of Judicature at Bombay has its three benches at Nagpur, Aurangabad, and Panji (Goa), exclusive of main bench at Bombay

    The territorial jurisdiction of the various Benches is as follows :

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY , MAIN BENCH (BOMBAY)
    Bombay , Kolhapur, Nashik, Pune, Raigad, Ratnagiri, Satara, Sangli, Sindhudurg, Solapur, Thane, Dadra & Nagar Haveli at Silvassa, Daman, Diu
    IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
    Akola, Amravati, Bhandara, Buldhana, Chandrapur, Nagpur, Wardha, Yavatmal
    IN THE HIGH COURT OF JUDICATURE AT BOMBAY , AURANGABAD BENCH
    Ahmednagar, Aurangabad, Beed, Dhule, Jalna, Jalgaon, Latur, Nanded, Osmanabad, Parbhani
    IN THE HIGH COURT OF JUDICATURE AT BOMBAY , GOA BENCH
    North Goa(Panaji), South Goa(Margao)

    Posted 5 years ago #
  12. kurheamol
    Member

    Thanks Dr. Dsouza.

    Posted 5 years ago #

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