Legal Question in Criminal Law in India

My son filed divorce petition u/s 13 in Bandra court Mumbai and his wife approached Supreme Court to transfer case either in Panchkula ( where she is staying with her parents) or Chandigarh. My son contested with documentry proof that his father in law and brother in law issued threat to murder him and me when we come to Panchkula or Chandigarh to appear in the police cases. Supreme court transfered case to Karnal district court. Now girl and her family has filed a case under 498A, 406, 323, 506 with CJM Panchkula. My question is, can trial be conducted in Panchkula court dispite the fact that SC felt it fit not to transfer the divorce petition to Panchkula keeping in mind the safety of my son and myself? Kindly suggest how we can approach the court?


Asked on 4/06/13, 10:45 am

4 Answers from Attorneys
Rajneesh Malhotra Malhotra Advocates

Your only option is to move before the Hon'ble Supreme Cour for transfer of the criminal cases to Karnal or any other place you so desire.

Otherwise trial being conducted at Panchkula is legal because the FIR has been registered at Panchkula. Criminal proceedings are seperate from civil proceedings and orders in civil proceedings do not have any bearing on criminal cases.

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Answered on 4/07/13, 6:18 pm
Setu Niket Curare Legal

you can move a transfer petition in the Hon'ble Supreme Court.

Kind Regards

Setu Niket

Advocate

9873109672

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Answered on 4/07/13, 10:33 pm


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