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SAJITH (SERVICE)     07 March 2010

Filing 498 A from another district

 

Sir/Ma'am

If a 498 A is filed in a district where the girl resides , and the husband is living in another district. , where would the proceedings be done. The girl wants a divorce, she has left her husband 6mths back to live with her parents in another district. Now, the girl wants to file 498A , conseqnent upon the failure of all arbitration chances,Kindly guide as to whether the FIR lodged in this district would be transfered to that district where the husband lives?? Who will carry down the investigation, police of husband-district or police of wife-district.?? Secondly in which district would be the hearing conducted? Whether the girl will have to go to the district where the husband or both lived once, or it could be shifted to the district where the girl lives now??Would it be mandatory for the girl to attend the proceedings carried at the distict where both lived before separation. Kindly reply promptly and oblige



Learning

 4 Replies

jmale (sdsd)     07 March 2010

Sathyama Jayathe ! Innocents will never face any issues. Our great law will protect us. Mera Bharat Mahan !

Having said this (lol .. lmao)

My advice: get a gun / cynide and use it against all their family members not just your better half :).

Take care of evidence:
Phone( simcards registered in dead people's name - destroy sim card after job + even the mobile (because even IMEI no can be tracked) ), if you are using hitmen get them from outside town( north get south south get north),do not show face , get small number of people .. 2 maximum (large groups r not effective)
if you have enough cash pay police and get the job done by them (yep .. :) ), if you are such a cash cow, then do one thing .. get arrested n go to jail and do all the above and below mentioned points from there, after mission is executed + 2 weeks come out n go to a long picnic not with parents (let your parents go alone)

its better to face a murder charges in court than 498a

i will explain how: court is full of corrupt people .. after the murder .. you will be in jail (if chargesheeted - if you dont cover your tracks - if you dont get AB (its easy to get for murder than in 498a :) )) for some time .. if you are such a nut that you have not taken care of above, i suggest surrender in court with media - cry and say that you are being framed and get bail - enquire about the judge and APP - bail will be easy -  then pay some bribe to Additional PP .. he will not oppose bail . once you are out of bail .. then its very easy .. to break the case ..

in jail - eat special food (you have to pay), there will be god fathers - be friendly - but dont be a jerk and start showing off - like dont tell everyone you are Sun tuzu - keep mouth shut and cry (good for your eyes) , stay in addmision ward (not with criminal - there will be brokers - mostly the doctors - they will ask 5000 you say ok - pay in instalments), dont fight with anyone, if your jail has games like carrom play it, listen to other's stories and develop your knowledge - question how they could have escaped, dont do manual job in Jail (even if police hits you - earn respect), speak in english to jail supernindent, and do excercise ( join the long timers - foreign nationals for drugs - they will teach you new techniques in excercising)
- dont drink in jail - sleep properly - smile and be merry - but if attacked (not threatened, but attacked) break the opposite guys head (he should not die though :) ) - you can get hospital for this :) .. - study - think of big thing, real big things, you will be surprised how Jail can teach you - yours is a petty case - but you are in a place better than 1000... IIT/IIMs puttogether - make best use of it .. like I went to the meditation hall too :) !! and argued the concepts the teachers told us in english ; the astronishment of other undertrails was so much - i earned respect - I have been to many countries - seen many great things .. but let me tell you mate, nothing like Jail .. I love Jail :) !! ..

God has choosen you to undergo this training (not punishment) for some purpose - search that purpose.

there are many ways to get out of jail .. medical (giving money to jail people - they will take you to hospital - where you can eat sleep study etc - dont flirt with the nurses .. remember dog :) .. they are there for service not for fun .. they are not 498a wifes )
consult a advocate before and after you do the thing .. and be carefull with the advocate .. he should not blackmail you .. plan everything ..

this route:

no need of divorce - no need to fear or running behind dogs -You dont have to waster n years, get into depression or watch your parents age out and die ..

and during murder case,its you vs police( who dont really care after chargesheet and who are overloaded represented by the Additional PP who is generally corrupt to the core) .. but during 498a its you vs pack of real big dirty dogs( represented by efficient lawyer who will take money from both sides)

P/s: my advice is not logically arranged, not properly worded, i just wrote what came to my mind, hey you are free to ignore it - you have n number of dear advocate friends to advice you -follow them - iam not pro/against anyone advice - i wont debate if anyone contradicts me (no time :( ) !! - Just remember (convict) Rathore is f***king abha rathore in AC room, while you are reading this :) !!

Sanjeev Kuchhal (Publishers)     07 March 2010

Concept of cruelty envisaged by explanation (b) of Section 498-A of IPC refers to a continuous offence and estranged wife continues to be subjected to cruelty though she is living at her parental house.   Wife who is forced to live separately from her husband at the parental house suffers from the mental agony and her case falls within the four corners of section 498-A of I.P.C. Concept of cruelty envisaged by explanation (b) of Section 498-A of the I.P.C., refers to a continuous offence and the estranged wife continues to be subjected to cruelty though she is living at her parental house.  Both the Courts i.e. the Courts at husband's place and where wife is residing with parents have territorial jurisdiction.  Complaint filed at the place where wife is residing with parents would be maintainable.

Bidhan Dave (Advocate)     07 March 2010

The complaint can be filled with any police station but the investigation & criminal trial will commence at the place where the so called cruelty is meted out. It is not necessary that the FIR can be transferred to the to the place where husband live.

For example  cruelty is meted out by husband at Mumbai & wife had moved to Banglore & the husband had moved to Pune, in that case the cause of action will be at  Mumbai & the Banglore police will registered case with zero number & the FIR will be transmitted to Mumbai police & not to the Pune police. The trial will be conducted in the court of Mumbai

sunil pagare (lawyer)     07 March 2010

Dear Sanjith,

Offence u/s 498a is continuing offence ,it can be committed at deferent places for example demand of dowry & cruelty  against the wife committed  different places have jurisdiction to lodge FIR. If any part of the offence  commited within the jurisdiction of wife residence then  wife can lodge FIR with that police station.If  the police found  that no jurisdiction to  investigate the offence still police shall register  FIR with zero number & shall transfer it proper police station & there  police will investigate the complaint . wife need not to attend police station or court during investigation.


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