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a wife can file 498a from where or any where?

Private

Dear Lawyers

Please Advice

A wife can file a 498A at police station near to husbands house or near to her parents house or any where from india.

or in other words

How can a husband move a 498A from her wife parents place if it is filed there to his place where he is residing.

Do we have any document confirming that.

Thanks

Rohit

 
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Advocate

If she was ill treated for dowry she can file complaint from where she is staying, but if it is only a case of ill treatment minus dowry the place of cause of action where she was ill treated her would have the jurisdictions.


Total likes : 1 times

 
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Advocate

I fully agree with my friend Mr. N.K. Assumi. As per the Criminal Procedure Code, only that court would try the offence within whose jurisdiction the alleged offence alleged to have been committed. In this regard please refer to judgment of Bhura Ram and Ors. vs. State of Rajasthan and Anr. AIR2008SC2666 and also Sujata Mukherjee (Smt.) v. Prashant Kumar Mukherjee 1997CriLJ2985. Both the judgments are distinguishable based on the facts and circumstances of such case.

 
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Advocate&consultant

wife can file a case u/s 498a, where the she has undergone the harrasment, or her place of residence, where she is living now, or her husband's place.

sreishaila,bangalore,9741425514,sdharani120@gmail.com

 
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UNEMPLOYED

SHE CAN FILE,  WHERE SHE PRESENTLY LEAVING.

 
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Advocate

The distiction is jurisdiction over the person and territorial over the cause of action.

 
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Part of the Judgment from Delhi HC - 2008

Cr.P.C. specifically provides for the jurisdiction of Police Stations regarding registration of FIR and investigation of case. The FIR can be registered even if a part of the crime has taken place within the jurisdiction of that Police Station. If the crime is spread over the various Police Stations, then FIR can be registered at any of the Police Station within which the crime has taken place. Crime cannot be registered on the basis of residence of the complainant or the residence of the father of the complainant or the effect of the crime.

In view of above discussion the petitions are allowed to the extent that FIR No. 0188/02, P.S. Digha, Patna, Bihar registered against the petitioners in respect of offences under Section 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act be transferred by the Police of Patna to Commissioner of Police, Delhi, who shall mark it to the appropriate Police Station for further investigation and action.


 
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Private

Dear Mr. Aatma

and All group members, many thanks for your expert comments and advice.

Please advice me on this scenario, my wife is away from me for the last 6 months and she is threating me and my family to file a false 498 and other cases in UP(she belongs to UP). as i am a resident of Delhi.

our marriage has taken place in delhi both marriage and reception. and after that she was living with us in delhi.

there were no issues of any dowry or any other problem from our side, she is just trying to take personal revenge with my family of which i really dont know what is the real problem with her.

now keeping all in mind, there is no crime taken place at any where either in Delhi or UP, it is just fake case they are trying to make from UP.

Please advice, how we can say that crime took place in UP or Delhi, or if they file a case from UP then how can i shift the fake case to Delhi (on which ground).

Thanks

Rohit

 

 

 
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Private

Dear Harsh Ji

Thanks for your help, can you post your comments online so that every one be benefited. and the forum theme can be maintained.

I surely need a lawyer.

Thanks

Rohit

 
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ADVOCATE

I AGREE WITH THE COMENT OF THE LEARNED ADVOCATES

 
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