sanjeev pawar (service) 14 August 2012

Is it very easy to create a false jurisdiction for 498a

dear mmebers,

i belong to maharashtra and my wife is from delhi, due to strained relations between us, i expect a false 498 to be filed on my family, my lawyer says it is very easy for them to create a false jurisdication for a 498 in delhi (she is presently residing there), he says that since you had visited her house once, she can easily say that he visitied my house and asked for dowry. is it so easy to create a false jurisdicton and file a 498 in delhi.

my brother is about to be appointed in a govt servant only the police enquiry formality is remaining, if my wife 498 or dv against us including my brother, will this harm his job prospects as he still hasnt joined but awaiting the call letter, i am very tense about his job, pls advice, thanks

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 August 2012

Yes this routinely happens, false jurisdiction is created by levelling such allegations. Even the Supreme Court in a recent decision has said that since cruelty is a continuing offence - and cruelty is meted out to a girl even when she returns back to her house - the place of parental residences acquires jurisdiction. Quite opposite to this is another SC decision - in Y.Abraham AJith..

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N.K.Assumi (Advocate) 14 August 2012

Jurisdictions is a matter of facts and it is for the Judge to decide the jurisdictional aspects, and the judge should not allow any one to make a fool of the judge. As regard your brother joining the Govt job, I am of the view that unless the court prove him guilty of any offence with cogent evidence, his appointment or promotion can not be affected. Should the Government of India refrain from appointing Home Minister Shri.Chidambaram, as Finance Minister, just because his case 2 G scam is pending? The answer is a big NO, and I have voted NO in the forum poll.

Sameer Arora (NA) 14 August 2012

False jurisdiction can be created easily by levelling a false allegation as to show that the incident took place within the jurisdiction of a particular magistrate. HC can quash an FIR if false jurisdiction is proved.