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498a Advice (IT)     11 October 2015

Transfer of 498a,406

My Marriage was done in Ghaziabad(U.P.) and all the functions were done in Ghaziabad only.She stayed with me in Ghaziabad n Pune.

She had filed under section 156(3) - 498a,406,323,341,3/4 D.P Act in Jaipur two months back.

One of the advocate in delhi is suggesting the following things:

1) Transfer the case to ghaziabad by sending a letter to SSP,Jaipur as this case comes under Juridication of Ghaziabad.

2) File 2/3 DP act case in Ghaziabad against them?

3) Parents AB is done and my AB is  under the process in HC.Police has not yet given the stridhan list but session court has rejected my AB as stridhan is not yet returned.Do we return the stridhan items by own to Police by making the list or wait for Police to give list.

Kindly advice.



Learning

 6 Replies

Laxmi Kant Joshi (Advocate )     11 October 2015

If she is residing in jaipur then she can file cases there also , before registering fir in 498a/406 ipc police had not given you the list of articles, if not then asked them and then returned the articles to them in front of police, two witnesses and your advocate, make two copies of it and get signed and date of received the articles from your wife and witnesses and police io .

498a Advice (IT)     11 October 2015

Case was registered under section 156(3) in court and then immediately FIR is done in the starting only.

SAINATH DEVALLA (LEGAL CONSULTANT)     11 October 2015

In 498A and DV cases jurisdiction of the crime committed does not arise as in other cases.She can file them in their marital place, in laws place ,place of her parents and in the place where she is staying presently.

498a Advice (IT)     11 October 2015

Thank you Sainath Devalla.Please advise on point no. 2 & 3.

SAINATH DEVALLA (LEGAL CONSULTANT)     11 October 2015

2. No use of filing at this stage

3.AB in Hc is 50/50 chance only.

498a Advice (IT)     11 October 2015

Sainath Devalla....Talked with IO and he is telling that Girls wants the stridhan back after my arrest.My advocate is telling my parents to go their directly and return the things to IO,if he will not take then go to Comissioner of Police with written application.

Or

My advocate has to put it during Application in HC that I want to return everything I have,please tell IO to give us the date and time.


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