Legal Question in Family Law in India
The diverse petiton was filed by mutual concent after compromise in the presence of police head quarters and respectables after paying alimony of Rs. 5.0 lac to the girl for past, present and future and the diverse order was issued. There was not any condition( written or verble) to return the golden ornaments given to the girl by her in-laws at the time of marriage and there is also not any such mention in the diverse order itself of the same. Now the mother-in-law of the girl 1) made a false complaint to the police regarding theft of the same weightage of the gold as was gifted at the time of marriage saying that the girl had promised verble to return. This compalint was filed by the concerned policial officials after seeing the diverse order and copy of compromise etc. (2) Issued a legal notice to the girl and her parents either to return the golden jewelery or the value thereof which was duly replied therough a counsel (3) filed a civil suit against the girl and her parents in the court at her place.
My quarry is (a) Can this case be transferred to the lower court at girls's parental place where the marriage and diverse process was completed? (b) If or not, what could be the court's decision?
5 Answers from Attorneys
No. This is a criminal case foe alleged theft it cannot be transferred by the accused.
in case there is an admission on your part that gold jewelry is in your custody and you not returning the same, a complaint u/s 406 is made out and can also be transferred to girl's native place. how can the petition for mutual consent be filed in case you have not settled the terms.
The court may not possibly be predicted. However, the girl may seek transfer of the case to her place.
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