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sankar P (supervisor)     15 June 2014

498a register on which police station

Dear Sir/ Madam,

My wife is a lawyer and currently staying in his mother's house with her own interest. Also she plans for divorce.

1. Is she eligible to file 498a against me in his home town police station or any police station in tamilnadu or any Court ?

2. Also If she wants Domestic violence case can she eligible to file in other police station than her hometown?

I am already register a Request petition in his hometown police station to come back to my matrimonial life, but she given in written that she can go through court.

Kindly advice me for the above points,

 

Many Thanks,

Best Regards,

Shankar.



Learning

 12 Replies

Aashish George (lawyer)     15 June 2014

sankar, she can file a complaint under 498a if she wants, true or false complaint depends on the Averments made in the complaint. similarly, she can file a DV againts you, true or false, the court will decide. i  suggest you file a petition under section 9 of hma (restitution of conjugal rights).

as a request, please appoint an advocate who is well versed with law and has a good practice, these matters should be handled with extreme caution and care.

regards

aashish george

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     15 June 2014

Please file NC(Non Cognizable) to both her and your police station against her immediately.

 

Apply for anticipatory bail immediately else police can arrest you.

 

Please remember you can file and move your own case in-person also without taking any advocate.

 

Please see my post bellow link for details: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp

Laxmi Kant Joshi (Advocate )     15 June 2014

Sankar don't get so panic , yet she had not file any case against you , you need not file any rcr or not even go to obtain AB for you , you have a lot of time for that , you just take help of your elders of both sides of families and settle the matter amicably with eachother , don't make any ego sit with her and sortout your differences , if she filed the case in her Home town or where she is presently residing then attend the counselling in woman cell and be ready to make compromise with her and bring her back to your home .

sankar P (supervisor)     15 June 2014

Dear sir,

I need clarification in which police station she can eligible file both 498a or DV,

so that i can have a idea how she can move next step,

 

Kindly advice me sir,

Many Thanks,

Best Regards,

shankar

Laxmi Kant Joshi (Advocate )     15 June 2014

She can file 498a and dv case from her Home town or from where she presently residing .

sankar P (supervisor)     15 June 2014

Dear Laxmi kant Joshi sir, Special Thanks for you giving this valuable information to me. My wife is presently residing in her home town only. I had given request petition in both mens & womens police station in her home town, but both place she replies she will go to court. Many thanks sir, Best Regards, Shankar.

Srinivas (.)     16 June 2014

Womens PS...

Dr J C Vashista (Advocate)     16 June 2014

She can move to the police station/court of her choice/ residence/ parental station.

sankar P (supervisor)     16 June 2014

Dear  Dr. Vashista sir,

 Previously I came to know in police station only she can file 498a case, not in court ,

Sir Kindly reconfirm the point .

Many Thanks,

Best Regards,

Shankar.

K.K.Ganguly (Advocate)     16 June 2014

She can file the 498A complaint and also the DV case at  the police station/Court having jurisdiction of the place where she is presently residing,

T. Kalaiselvan, Advocate (Advocate)     19 June 2014

Her present residential place will be counted for the jurisdiction of police station, alternately she can lodge a complaint in a police station having jurisdiction to your residence too, this is for 498a, but for DV, she has give a complaint either to the District social welfare department or to the court within her jurisdiction.

sankar P (supervisor)     19 June 2014

Dear Shri Kalaiselvan sir,

Thank you for your Kind & Valuable information sir,

Since I am always waiting for my wife to come back to my matrimonial life. Also I given request petition in the Police Station of her jurisdiction.

Even though i Have to be in Precaution .

Once again thank you for your valuable information sir,

 

Many Thanks,

Best Regards,

Shankar.


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