Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sourabh   25 September 2017

Help in 498, 323, 504, 506...

Respected Experts,

  I need your precious advice on my case. Details as follows.

I have filed a case for annulment in delhi saket court. on the grounds of fraud, as she was already married and divorcee earlier and this was not disclosed to me before marriage. when she got the notice of the family court, on the counter side, My wife has filed a case against me and my family u/s 498, 506, 323 and 504. first hearing is on 5th oct 2017. I have seen it on E court website. 

 Till july 2017 she was living with me in my house, and she went to her native place on the july 2017. her jurisdiction is kanpur as per residence address of the family. but she filed the case from Farrukhabad district court.

 Now I want to know,

1. can she file the case from different place, if yes how the jurisdiction is decided. can i submit an application for the jurisdiction is not the farrukhabad,

2. Will the case of 498 by my wife will go in court further after the judgement of honourable SC.

3. Can I apply for the stay or any other option to stop the case as My case is also going on in delhi court.

4. What should be my next step.

  Please help me all respected members.

Thank You   ....



Learning

 7 Replies

Vijay Raj Mahajan (Advocate)     26 September 2017

The complaint u/s 498a etc. IPC is made to the police which regster it as a FIR, on the basis of the FIR the investigation is done and chargesheet filed with the local magistrate by the police for prosecution of the accused person.

You state the matter was filed by your wife in the court directly, this may be the case but the court will not proceed with the matter and refer it to the local police to check her complaint and take neccessary steps according to the Criminal Procedure Code.The very first step in such case will be to issue notice to you by the police under section 41, 41A Cr.P.C. No arrest will be made unless the statement of all the accused persons recorded. The duty of the Police here is to first refer the parties for mediation/concillatory process where both parties are conjoled to either reunite in matrimonial home or call off their marriage by divorce by mutual consent after settlement of all issues including alimony, child custody etc.

In your case you must first check the actual status of the complaint made in the Farrukabad court. You can appear in the court and challenge the jurisdiction of the court on the basis of being used as wrong place for lodging her complaint as she and you never ever lived in the district ever during your matrimonial life, leave aside the place where any offence/crime as per her complaint committed. The court may being satisfied about this fact will refer the complainant to lodge her complaint at the proper jurisdiction and with proper authority which is the local police of that district.

1 Like

SANJEEV SRIVASTAVA (LAWYER)     26 September 2017

498A was added in 1982-33 with second amendment and the same has been repealed in whole in 1988. Recently Supreme Court also issue notice to central government for clarification. Ask yr lawyer to check the facts. it may be helpful to you
1 Like

P. Venu (Advocate)     26 September 2017

Have you received any Notice or summons from the Court. There is no need for any hasty action just on the basis of cause list on the internet. Moreover, jurisdiction for investigating and trying a criminal offence lies at the place where the offence is alleged to have committed. 

1 Like

Arjun   26 September 2017

Hi Sourabh, She can file her cases on any of the below places. 1. Her parental place 2. Place marriage happend 3. Place where you both lived together. No need to attend the court date, until you get summons
1 Like

(Guest)
Originally posted by : Arjun
Hi Sourabh,

She can file her cases on any of the below places.
1. Her parental place
2. Place marriage happend
3. Place where you both lived together.

No need to attend the court date, until you get summons

Don't help or guide this fraud account person. He is not lawyer, simply misguides others.. So, please don't believe him.. Be careful about this person... This person has 2 accounts with different fake names (we don't know howmany more duplicate accounts he has).   He is roaming in the courts by ruining girl's life and girl side family memebers as he only mentioned. "Fighter" -- https://www.lawyersclubindia.com/profile.asp?member_id=386847 "Arjun" -- https://www.lawyersclubindia.com/profile.asp?member_id=368173 Don't help or guide this fraud account person. He is not lawyer, simply misguides others.. So, please don't believe him.. Be careful about this person... Read more at: https://www.lawyersclubindia.com/forum/Don-t-help-or-guide-this-fraud-account-person-154366.asp

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=154309&offset=2

1 Like

(Guest)

Don't help or guide this fraud account person. He is not lawyer, simply misguides others.. So, please don't believe him.. Be careful about this person... This person has 2 accounts with different fake names (we don't know howmany more duplicate accounts he has).   He is roaming in the courts by ruining girl's life and girl side family memebers as he only mentioned. "Fighter" -- https://www.lawyersclubindia.com/profile.asp?member_id=386847 "Arjun" -- https://www.lawyersclubindia.com/profile.asp?member_id=368173 Don't help or guide this fraud account person. He is not lawyer, simply misguides others.. So, please don't believe him.. Be careful about this person... Read more at: https://www.lawyersclubindia.com/forum/Don-t-help-or-guide-this-fraud-account-person-154366.asp

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=154309&offset=2

1 Like

Sourabh   26 September 2017

Originally posted by : Vijay Raj Mahajan
The complaint u/s 498a etc. IPC is made to the police which regster it as a FIR, on the basis of the FIR the investigation is done and chargesheet filed with the local magistrate by the police for prosecution of the accused person.

You state the matter was filed by your wife in the court directly, this may be the case but the court will not proceed with the matter and refer it to the local police to check her complaint and take neccessary steps according to the Criminal Procedure Code.The very first step in such case will be to issue notice to you by the police under section 41, 41A Cr.P.C. No arrest will be made unless the statement of all the accused persons recorded. The duty of the Police here is to first refer the parties for mediation/concillatory process where both parties are conjoled to either reunite in matrimonial home or call off their marriage by divorce by mutual consent after settlement of all issues including alimony, child custody etc.

In your case you must first check the actual status of the complaint made in the Farrukabad court. You can appear in the court and challenge the jurisdiction of the court on the basis of being used as wrong place for lodging her complaint as she and you never ever lived in the district ever during your matrimonial life, leave aside the place where any offence/crime as per her complaint committed. The court may being satisfied about this fact will refer the complainant to lodge her complaint at the proper jurisdiction and with proper authority which is the local police of that district.

Thank you so much sir....


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