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498a quash petition (fraudulent marriage,498a outside india)


 

Dear 

We A1 - A5 have 498a and are trying to file a quash petition in Kerala High Court. Am facing a lot of confusion with the petition drafting and the Advocate. Please send me your valuable details to draft 498A Quash petition on following ground.

Marriage : Muslim Marriage.

 

1. Fraudulent Marriage - Not my wife, she suppressed her previous marriage on Marriage Register/ Contract.

2. Offence Outside India - Gulf

3. Jurisdictional 

Please give me your valuable suggestions how to come out of this fake case using Quash petition.

 

regards

Yunus 

 
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Dy Director

vague query

 
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nil

Hi

some inputs as even we've been victims of 498a.

1. Fraudulent Marriage - Not my wife, she suppressed her previous marriage on Marriage Register/ Contract.

answer: Do u have valid proofs which will show court that she was earlier married.....In that case, your exsiting marriage is void & if a marriage is void 498a is also void....I can help with some decision later if u need them

2. Offence Outside India - Gulf

Answer: depends where ur wife stays nopw or her maternal place

3. Jurisdictional 

Answer: though criminal complaints stand where offence happened, but courts still give liberty to a woman to file complaints where she resides at present/ past or some minute instance of torture could have taken place.

Please give me your valuable suggestions how to come out of this fake case using Quash petition.

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

Drafting constitutes the backbone of a case and is an expert task which should be left entirely to a lawyer. Let your lawyer draft the petition and if he cannot then change your lawyer.

 

 



Ashish Davessar


Advocate
Supreme Court of India


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nil

http://mynation.net/docs/5066-2002/

 

Please check and read above judgment for jurisdiction of 498a....it could help you.

 

 

Thanks

 

 
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