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Wife filed 498a against me at her native place

(Querist) 18 August 2016 This query is : Resolved 
Is it possible for my wife to file 498 a under circumstances when she is married for 6 years and was staying with me till last June. We had differences, we discussed for mutual settlement but later wife's family went back on words. They called my wife two months back and today they filed 498a and section 12 on me and my mother which is completely false. Is it possible for her to file this case at her native place where I hv visited last 3.5 yrs back on birth of my child? How can I about 498a I'd she can.....what is current process....kindly share your valuable feedback.....regards Rohit
Devajyoti Barman (Expert) 18 August 2016
Yes, wife can file 498A case from her parental place.
Since FIR is already registered now only option is to get bail which is very likely and then fight it on merit.
Rajendra K Goyal (Expert) 19 August 2016
If she has filed, go for anticipatory bail and defend on merits.
Guest (Expert) 19 August 2016
Well advised.
Shonee Kapoor (Expert) 19 August 2016
I differ slightly.

Though she can file DV from where she is residing. For 498a, it has to be seen what cruelty/ harassment she has alleged at her parental home.

Cause of action has prima-facie arisen at that place or not.


Shonee Kapoor

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