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Contested Divorce

498 A | Dowry | Anticipatory Bail

 498A Husband or relative of husband of a woman subjecting her to cruelty. Complain for Dowry or 498A can be lodged before concerned Crime Against Women Cell( CAW), Women Cell, Mahila Thana as existing against the husband and his family members who have committed offence

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Anticipatory Bail In Dowry/498A ​

498A IPC made demand of dowry by the husband or his relative a criminal offence Husband and his family may be required to seek anticipatory bail against the offence of 498A/Dowry​

Transfer Petition in Supreme Court

Transfer Petition in Supreme Court can be filed when the case is sought to be transferred from the Jurisdiction of one High Court to another jurisdiction of another High Court. For example, the Husband had instituted a divorce case in Pune while the wife is living in Delhi. A wife can approach the Hon’ble Supreme Court of India seeking the transfer of such a divorce case from Pune to Delhi.

Transfer Petition In A Matrimonial / Divorce Case​

Similarly, a transfer Petition can be filed in the High Court. High Court will have jurisdiction to transfer the case from one District to another District over which it has jurisdiction. For example, the Husband had instituted a divorce case in Ghaziabad while the wife is living in Varanasi. A wife can approach the Hon’ble High Court of Allahabad seeking the transfer of such a divorce case from Ghaziabad to Varanasi.

The provisions for restitution of conjugal rights are identical in Section 22 the Special Marriage Act, 1954 and Section 9 of the Hindu Marriage Act, 1955.

Restitution of conjugal rights is a remedy available to spouses, where one party leave the company and society of the other spouse, then a case for restitution of conjugal rights can be filed in the Court. The Court directs the defaulting spouse to join the company of the other spouse unless there is a strong reason justifying such withdrawal. the Court will then direct the other spouse to rejoin the company of their spouse

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Restitution of Conjugal Rights

A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other. ... Decree of restitution of conjugal rights could be passed in case of valid marriages only.

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