Arvind (Analyst) 17 October 2012

Help!!! section 97, 98 crpc

Hi All,

Please can you help me with the issue

My In-laws have approaced magistrate (residing in rajasthan) and warrant is issued on my wife under section 97, 98. We are staying in Bangalore with my parents, as per the warrant we should be present for hearing on 25th Oct 2012, magistrate of that court wants to listen to my wife's statement.

My wife is happy staying with me and parents, but my in-laws now do not want her to stay with me hence playing cheap tricks to get her back.

Please advice if there is any way I can get things cleared being in bangalore only as I see huge risk of taking her to rajasthan, her parents might harm anybody to get her back.

Rgds

===

Reply Follow

3 Replies

Sumanth Nookala (Lawyer) 17 October 2012

Please explore the option of filing a Transfer Petition in Supreme Court. Not much time left as SC will be closed during the week from 21st to 27th...please see 2008(1) SCC 231

Chetan Joshi (Advisory/Advocacy) 17 October 2012

your in laws seem malicious...settle it soon....

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 17 October 2012

Dear Arvind,

This is a frivolous search warrant issued by the Magistrate. It should not have been issued if the girl is major and chooses to live with you. In the era of honour killings the magistrate should never insist on your appearance there as that can jeopardise your life and liberty. It would be apt for you to consult an advocate in Rajasthan and get the case quashed under section 482 of the CrPC.

Bharat Chugh
Advocate Supreme Court of India