Legal Question in Family Law in India
Please answer .
hi. DV is ongoing, 498A is pending. Girl went to husband's house with police to recover istridhan. There a brawl started between them.Now the husband's sister has filed in FIR saying tht the girl and her parents beaten her etc etc. the FIR is lodged in bangalore. Girl resides in delhi. What can be done to :
transfer the case to delhi
and get the FIR quashed? and what are the chances of quashing?
will anticipatory bail will be easy or difficult to get?
Husband's sister has also enclosed a MLC which says small bruise on hand etc.
can it really harm the wife and family? What can be the ground of quashinf this FIR and get this dismissed?
6 Answers from Attorneys
Re: Please answer .
Transfer of case from one jurisdiction to another is possible with the intervention of respective High Court.
FIR can be got quashed by the High Court. Grounds may be false and frivolous allegations and police report in your favour prepared by Investigation Officer.
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Re: Please answer .
(a) For quashing you may need to approach the court of the area where FIR is registered by husband's sister;
There are good chances of quashing.
(b) for transfer of case from one State to another, you may need to approach the Supreme Court of India by filing TP.
(c) You may seek quashing from Delhi HC also if your TP is allowed by the Supreme Court and case is transferred to Delhi.
(d) The husband's sister's case may not stand if the wife had accompanied the police for recovery of her istridhan.
(e) The police could lodge a case against husband's sister also for obstructing to perform duty by public servants.
Re: Please answer .
as the girl had gone to her matrimonial home in pursuance to recover her stridhann, there are good chances of getting the f.i.r. transferred from bangalore to Delhi and thereafter getting the same quashed with intervention of Delhi High Court. the F.I.R. would CERTAINLY be transferred to Delhi.
Re: Please answer .
The transfer is possible only through filing a petition for the purpose in the Supreme Court of India. Thereafter the proceedings for quashing may be initiated in Delhi. Possible. You may get in touch with this office for initiating legal action.