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Sachin Srivastava (ITA)     20 April 2012

Plz help quash by jurisdicti​on in 498a

Hello,

wife has filed 498a , 323 , 506 and 504 in march 2012 in lucknow . the date in court is 23rd april. no fir registered only summon issued.

i applied for stay of arrest saying that the cases are false in allabahad hc under 482 and the court granted stay upto 1st may asing me to deposit 7000/- in court out of which 5000/- will be given to my wife and 2000/- is mediation fees.

i had already filed for rcr in december 2011 in mumbai in which wife didnt appeared for 5 dates but kept receiving the summons.

she had filed for crpc 125 in oct 2011 but no summon received yet as it was agrreed with all our relatives from both sides that if i withdraw rcr then they will withdraw 125 but instead of withdrawing they filed 498a. i havent withdrawn rcr yet.

the incidents mentioned in the 498a case are all of mumbai. it doesnt has a single incident of lucknow.

at what stage i can file for quashing the case on basis of jurisdiction.

i am sure that my wife is not interested in mediation but she wants money

 

Also let me know if my wife refuses for mediation then will i need a bail ??



Learning

 3 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 April 2012

This is a valid ground for quash, however allahabd HC is tardy in doing so.

 

You can either contest the case or go to SC.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Anis (Asst. Manager - Sales)     30 April 2012

Mr. Kapoor always gives the most accurate information. Follow his tips to fight 498-A


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