Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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poonam   31 October 2017

498 a

if wife files divorce on no ground in january in USA, can her father file 498a case in March in India My main query is : can 498a file after filing the divorce petition on no ground

1. Can 498a file by wife's father after filing the divorce on no ground by wife

2. If only rokna ceremony held in Panipat and Sagai and Marriage held in Delhi. Never visited panipat after marriage.   -  can wife's father lodge FIR undr 498a in Panipat without wife's signature or complain.

which city comes under jurisdiction -  Haryana or Delhi ? 

 

 



Learning

 4 Replies

Siddharth Srivastava (Advocate)     31 October 2017

Father of wife has no right to file complaint u/s.498A IPC. Further Indian police lack jurisdiction.

Pawan S (06292021602) (Advocate)     31 October 2017

Yes, that can be possible.

As per 198A  CRPC Prosecution of offences under section 498A of the Indian Penal Code. No Court shall take cognizance of an Offence Punishable section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or Upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father' s or mother' s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.

Jaspal singh (practicing lawyer)     31 October 2017

Non congnizabke offence, under section 154 CR.P.C F.IR...talkibg about informant and complainant.. Can made complaint..by informant too

M.F.KHAN   01 November 2017

father file complaint on behalf of his daughter lodge FIR under Section 498a there is a provision in law under section 198a, and jurisdiction made out where the demand of dawry made out or where cruelty happened

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