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Please reply urgent 498a

Page no : 2

Sudhir Kumar, Advocate (Advocate)     16 May 2015

Originally posted by : SAINATH DEVALLA

Pooja Walia vs State & Anr. on 27 May, 2011

In this case the court held that

" I feel that in a matter of this nature where complaint is made by the wife against the husband and other family members on account of matrimonial discord invariably an effort is made to enrope the entire family of the boy. It has been pointed out to this Court that the respondent no. 2 was married in the year 2002 and is well settled in her matrimonial home while the present petitioner got married in the year 2008 and the her marital discord started in 2009. Unfortunately, the husband and the parents-in-law are the British passport holder and if they have not submitted to the processes of law in India, it will be totally unfair to assume at this stage that the sister-in-law who too incidentally is a British passport holder would not come back where her husband is working here and her children are studying here. Further, she herself is also working as a teacher and has immoveable property. She in my view cannot be held as a hostage to procure the attendance of the other recalcitrant accused persons. In such a situation the entire thrust of the present petitioner is to put pressure on the husband and other family members by ensuring that the respondent no. 2 is not permitted to travel abroad. "

 

But this case was not of the spouce himself and the applicatnt in this case was British passport holder.


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