LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Intern (Intern)     06 March 2013

Same case in 2 different courts?/

Dear Members

Keeping the story in short

Kindly suggest on below points.

1- wife has filed same case of 498 in 2 different courts in 2 different states just to harass

2- under what law one can go for quashing of the second FIR filed.

3-can a copy of the second FIR be produced in the court to prove the malafied intentions of wife harrasment?



Learning

 7 Replies

Divya (nil)     07 March 2013

obviously u need to file a copy of FIR in othr court & it shud be quashed easily...

 

try 2 quash the case, that where jurisdiction also doesnt stand...in ideal cases, where harassment to the woman has happened will stand....Consult a local lawyer too...

gopal (Faculty)     07 March 2013

I also agree with divya, I hope that we cannot file two cases in two different court for the same problem. Wait our member experts will also give the suggestion details

Intern (Intern)     07 March 2013

Thnx @ Divya/Gopal

Waiting for a revert from Experts


(Guest)
Originally posted by : Intern

Dear Members

Keeping the story in short

Kindly suggest on below points.

1- wife has filed same case of 498 in 2 different courts in 2 different states just to harass

2- under what law one can go for quashing of the second FIR filed.

3-can a copy of the second FIR be produced in the court to prove the malafied intentions of wife harrasment?

Congratulations on having such a wonderful wife!


Apply for certified copy of the second court where she has filed the 498a complaint, and then produce the same in the sessions court for dismissal.  As one cannot file the same complaint in two different courts.  IT will get quashed.  

Shantanu Wavhal (Worker)     07 March 2013

use this judgement


Attached File : 934686227 y. abraham ajith & ors vs inspector of police, chennai & anr on 17 august, 2004.pdf downloaded: 379 times

Intern (Intern)     07 March 2013

under which section/provison the second 498a complaint can be filed for quashing??

Divya (nil)     07 March 2013

https://www.indiankanoon.org/doc/1120620/

 

Pls check above link & take copy of this judgment to ur lawyer....This is what mr. Amit said but his link was unclear...

What we are saying is "where major offence as per ur wife has taken place, that will be d place where a court can run ur matter..in other court, produce FIR of  proper court which can try matter"...

We mean "cause of action"...Read judgment 5-6 times so that  u understand....If we also take part equally with lawyers, only then u can come out of ur cases faster....


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register