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chethan (TA)     09 March 2014

Can 498a be filed by wife's father when She is abroad

HI.

 

Wife went to abroad in March and then i filed a Divorce in Aug.

Then she sent an email from USA to police and her father registered a false 498a using that email as reference in Dec .

 

Can 498a be filed when she is in abroad from 10 months and from Abroad itself by just an email.Is it permissable under Indian law.

can any of you help me by providing details about this and is there any limitation concerned to my case.

 

Thanks you in Advance.

Chethan



 7 Replies

cyberlawyer (barrister)     09 March 2014

Sir, i dont think 498a proceedings can be initiated through email . the affected party should lodge a complaint in person with the police station. 

Siv (engineer)     10 March 2014

Relatives of wife can file 498A ..... law permits... as per Indian law, any person who know that crime happened can file the complaint .... 

Siv (engineer)     10 March 2014

Read Section 198A of CrPC ....

Sudhir Kumar, Advocate (Advocate)     11 March 2014

there is no need for her to be in India for you to be in trouble.

Siv (engineer)     11 March 2014

Husband side/Accused can make her to come to India..... Accused/Husband can make simple letter to SHO, and senior officers of SHO stating that allegations in compliant are false considerign the people those in touch with the wife and accused on the alleged crime date, time and places....

 

Also the husband can say to the police about the REFERENCE of documents that shows allegations are flase, if any exists..... if Accused has no talents to identify what evidence could exists then accused can sinply explain what was done on that day then the police/experts in investigation identify the relevant materials in support/oppose of accused.... if not later it can be done through court U/s 173(8) of CrPC and 91 of CrPC.

 

By making representation by accused the wife will be forced to come to India to defend the complaint....

chethan (TA)     16 March 2014

Thank you All, Thank you Sir.

498a case was filed on 12th Dec 2011

Divorce was filed by me on 2nd Aug 2011 - 4 months before dowry case was booked.

Now the case is stayed by High court for my father and mother and Wife has challenged the stay.

i am still attending the magistrate court were the stage is appearance, charge is not yet done and even 482 is not applied for me.

 

What would be the strong reason i can make to get the case quashed which is on my father and mother ?

 

Thank you very much for helping me out in my bad times..

Thank you in advance

Gautam Kapoor (IT professional Studying Law)     16 March 2014

:) succinctly answered by Mr. Sudhir there is no need for her to be in India for you to be in trouble.

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