498A

Querist : Anonymous (Querist) 25 July 2011 This query is : Resolved
Myself Pankaj, my wife filled 498A against me for her unusual demand of money and separation from family and independency of doing anything in her life.

As per her report files the incident taken place in Indore and Chennai where i worked , but she filled the case from her parents home town Patna.
i never been to Patna marriage is also taken place in Indore

I want to know that can i file Quashing before HC saying that the incident is not locally and false

Please advice

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B.B.R.Goud. (Expert) 25 July 2011
no. she can file a case at her parent hometown or where she resides. it can't be quashed. it is her right under CPC n CrPC.

Devajyoti Barman (Expert) 25 July 2011
As per the recent decision of the supreme court such type of complaint can be lodged from her parental address as well.
See the judgement through this link-

http://acelegalconsultants.webnode.com/news/complaint-u-s-498a-ipc-is-maintainable-even-in-parental-place-of-the-wife-supreme-court-rules-/

Ajay Bansal (Expert) 26 July 2011
Patna's court has also jurisdiction to try this matter.

M/s. Y-not legal services (Expert) 27 July 2011
You may take some other grounds apart from the territorial jurisdiction issue.

M/s. Y-not legal services (Expert) 27 July 2011
If you have merits mean you can prays to transfer the case to your place. But since your wife as a petitioner the possibilities are very low.

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