sunil (accounts asst) 02 February 2016

Complaint u/s 498a

Where the complaint u/s 498a can be filed at the place where offence if any may have taken place or at native place of the complainant. Following is the background for this query I have filed a divorce petition against my wife under cruelity and she has filed a complaint u/s 498a at her home town which is nearly 500 kms away and she has mentioned the name of all my family members including my uncle and aunts who are not living with us except a dog from my house. Can I request the court to transfer the case to my town which is a fake case we have received anticipatory bail from the court.

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4 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 02 February 2016

The transfer of the case can only be made from one state to another by the Supreme Court by exercise of iots powers u/s 406 CRPC. However merely because the divorce case is pending at another city, the criminal case shall not be transferred. The juridsiction of criminal cases is decided as per sections 177-185 Crpc and hence any question of transfer shall have to hold string force.

dr g balakrishnan (advocate/counsel supreme court) 03 February 2016

generally women get that privilege pls mr sunil.

what is the cruelty you have to clearly define, that word is dicey, subject to interpretation ..nothing settled on that so called word 'cruety' ; what is cruelty to me is not crelty to you, as the word is subjective.

presence of dog not accepted buy wife can certainly be a crelty too.

i do not sit on any judgement here.

as the matter has gone to the court let the court decide;

before matter is pushed into court, one has to take care to ensure settle things amicably. that is prudence.

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Vijay Raj Mahajan (Advocate) 03 February 2016

Act of cruelty is a continous process that can even continue while she had left the matrimonial home and is staying 500KM away. The cruelty u/s 498A IPC includes demand of valuable from the wife and she can always say that the demand of valuables/cash were made by the husband and his relaitives even while she was staying with her parents, this gives her right to choose the jurisdiction of her parent's place city/district/state to get FIR registered.