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Michelle Dominica (- )     29 March 2010

Filing of 498A - Jurisdiction

I was married in Hyderabad and belong to hyderabd too. My matrimonial home was chennai.

I had filed a 498A case in hyderabad on my return as i was driven out of the house in chennai. the offence has happened in chennai as well as in hyderabad.

My case was acquitted on grounds of jurisdiction stating that offence happend at chennai and hecen hyderabad court cannot try the case 6 years hence.

Could you please advise me on the jurisdiction grounds of filing 498A as i am prefering an appeal at MSJ.

Regards,

Michelle



Learning

 5 Replies

jyotirmaya behera (advocate)     29 March 2010

take the referance case at this site :- https://mynation.net/study-report-498a.htm

san (social service)     01 April 2010

I doubt if  jurisdiction, was your only ground. And if the court has rejected, that, an appeal is not going to help you. Keep in mind, that 498-A is one of the most mis-used sections.

Being driven out of matrimonial house, doesn't comes under 498-A, at all.

 

Sachin Shakya   26 March 2021

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lawyer_rajiv (9811284735) (lawyer)     15 May 2021

one has to go through your judgment as jurisdiction is no issue as the law itself grants you this privilege of lodging your FIR from Hyderabad.  How can a judgment be passed against settled law as 498a is a continuing offence and it continues even at the place of girl's parents.


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