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(Guest)

498a and 4 in wrong jurisdiction.

The Husband and Wife belong to State A and married in State A.

After leaving Matrimonial house Wife went to her house to live with her parents in the same State A.

After some months to harrass Husband and his family, Wife filed case on 498a and 4 against Husband and his family in state B.

While filing case Wife has mentioned that her current and permanent address belongs to State B.

But, Wife is still living with her parents in State A.

Wife and Husband never went / stayed / lived / even got married in State B.

Even after leaving Matrimonial house Wife never worked / stayed / lived in State B.

When Investigation Officer called husband to provide his statement, Husband mentioned all of the above. Also, provided all the possible evidence.

While investigating, Investigation Officer come to know that no such person is living or have stayed as tennant on the address mentioned in the case and some other person was living there with family since long time.

Investigation Officer also gathered mobile tower location of wife of specific dates which Wife has stated in the case and location was coming from State A.

By this investigation and based on other evidences provided by Husband, Investigation Officer submits the Final Report in favor of Husband and his family to the District Court stating that "The case is been filed on wrong territorial Jurisdiction.".

Investigation Officer informed Wife on her postal address of State A that, "The investigation is done on your case and and Final Report will be submitted to the District Court on specific Date and Time, so be available in the court and your absence may state that you agree with Final Report.".

But, lawyer of wife appeared in the court and requested for another date by stating that wife is illed and not able to come.

And then lawyer of Wife challenged the Final Report in District Court.

But, it has been almost 8 months and 6 hearing dates are gone and not even single time she appeared in the court and every time new dates are being requested from lawyer of wife on different execuses and getting new dates.

Questions

(1)Can Any person harrass other people by filing case in different state?

(2). How many times new hearing dates will be provided to the Wife though she is not appearing in the court? Despite Wife is perfectly well and living in State A.

(3). Husband has filed 13A to get divorce based on cruelty.

(4). What legal actions Husband can take against Wife for this harrassment?

Please suggest... your legal advice will be really helpful to the Husband and his family.

May God bless all and never gets such wife...🙏



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     04 August 2024

You have repeated the same question in a different thread of this website which has been answered by many experts. 

You may visit that thread to know the answers instead of opening a new thread out of your curiosity. 

Dr. J C Vashista (Advocate )     04 August 2024

Whether repitition of same query shall change the opinion of experts, which they have already obliged? NO


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