Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

eeshwar   11 October 2017

498a wrong jurisdiction

hello sir,

my cousin got married and there arouse some issues and he filled divorce case and thereafter recieving summons the wife and her parents move from their place and shifted to their relative place and filed 498 a case.

my cousin has got arrested and filed FIR by other police station at begumpet ,where the ps has no jurisdiction. but wrongly submitted charge sheet and subsequently with false and fabricated evidence he was convicted for 1.5 years. The counsel for accused raised the question about wrong jurisdiction of police ,but the judge written in judgement that the harassment is still continuing so hence the jurisdiction is not a question.

 

even we marked an evidence of summons recieved by wife parents at sangareddy, the judge didnt consider the fact. and moreover the witnesses 1-3 are her parents and 4-7 are unknown /strangers to the accused. just given their false statement.

even there were no. of contradictions proved by the counsel for accused regarding the residence of complainant and the witnesses , everything futile.

Please suggest me ,as i know he is a good person but after been to the jail even the session court just forwarded the lower court judge without writing any merits and demerits , he lost his hope ;

The case is pending at HC.

1.Can we file case on false witnesses?

2. where to approach when the judge (lady, who was divorced) talk like this regarding jurisdiction.

3. the judge has given conviction on believed stmt of complainant not the witnesses.

answer me? 

 



Learning

 6 Replies

KS Johal   11 October 2017

I feel that you are battling against the judge. You do not have any evidence that they have submitted false statements. You cannot accuse the judge being a lady and being divorced and being against you in the whole process. You need to look at the whole situation clearly because you have not provided any evidence whatsoever that will prove that the statements and the whole process is false. Sorry there is no merit in what you have written.

KS Johal   11 October 2017

I feel that you are battling against the judge. You do not have any evidence that they have submitted false statements. You cannot accuse the judge being a lady and being divorced and being against you in the whole process. You need to look at the whole situation clearly because you have not provided any evidence whatsoever that will prove that the statements and the whole process is false. Sorry there is no merit in what you have written.

KS Johal   11 October 2017

Jurisdiction is only a venue where decisions are made. You must understand more important is the decision based on the facts.

KS Johal   11 October 2017

Jurisdiction is only a venue where decisions are made. You must understand more important is the decision based on the facts.

R Trivedi (advocate.dma@gmail.com)     11 October 2017

Pl post judgement first.

eeshwar   24 October 2017

sir, i have submitted the summons copy of divorce recieved in a different place by the complainant and proved that she filed 498 a at different place. I was convicted and my parents was acquitted. my father has underwent a heart surgery with mental torture in 2014 , while  case is pending. Even i proved that she filed 498a  at police station which doesnt have jurisdiction, i was convicted. moreover they didnt file any related evidence regarding 498a. The judge stated that there was harassment for dowry as said by the complainant in chief affidavit and believable. I filed 24 evidences regarding the money spent on her for sarees and welfare and for boy too, school fees and hospital bills paid by me but nothing was considered. 

My question is can my mother  file a private complaint on false witnesses as they were acquitted on the basis of false evidence.

Can i file a complaint in the human right commission regarding my violation of right under competent jurisdiction. is there any limitation period.

They are harassing me with other activities , I cant bear the fees for high court advocates they are asking 2-3 lakhs. Please give suggestion that i can file any such to come out of this

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register