Dear All,
Please help me with this 498a query. Brief of the case - I got married in Haryana in 2009 whereas my wife is from Kanpur. Both me and my wife were working and residing in Mumbai from before marriage and till date. We got seperated in 2010. My wife's father filed 498a against me and my family from kanpur. Since there was no allegation in the complaint which related to kanpur, the MM in kanpur court asked the girl's side to explain as to how kanpur is the jurisdiction.At this, they withdrew the case stating that they do not want to proceed with the case without giving any reason. But after a month, her father again filed 498a against me and my family members and this time they have changed the allegations in the complaint and mentioned lot of cruelty incidences of Kanpur so as to create Kanpur jurisdiction. A mere reading of the two complaints makes it clearly visible that the new case is filed to fill the lacuna and defects in the earlier complaint and it completely changes the nature and character of the complaint and is prejudice to opposite party. The only motivation to withdrew first complaint and file second one was to create Kanpur jurisdiction. We filed for quashing in allahabad high court. The court directed us for mediation and currently the mediation process is undergoing. My query is : (1) is there any judgement similar to this where such types of re-filling was done which changes the nature of complaint/cause of action drastically but was later disallowed by high court/Supreme court. Thanks, Neeraj