Desertion by nri husband
rimi
(Querist) 26 November 2011
This query is : Resolved
The place of marriage & last residing place of wife is different from the wifes residing place from where she has filed 498a case .The complaint indicates that all crimes were committed against the victim at her place of marriage or the place where she lived with her husband. The complaint indicates two incidents where the native place of wife was brought into picture
1- " all accused came to wife's house during Roka ceremony (a ceremony when both families decide6 months before marriage) and desired for some gold coins".
2- " After 6 months of marriage , husband comes to wifes place & demands for money, car etc"
Besides these two incidences, there is no other incident cited to be committed at wifes place except that all the accused & co-accussed demanded for money through phone calls etc"
Can there be any relief as there is little cause of action at wife's residing place??
(or) At-least can there be quashing of proceedings against co-accused as they have not even visited wife's residing place even once after marriage???
M.Sheik Mohammed Ali
(Expert) 26 November 2011
you immediately send the notice to in laws and if possible to your husband. aforesaid reason
Raj Kumar Makkad
(Expert) 26 November 2011
FIR can be got filed wherein any iota of crime has been committed. 2 incidents you have mentioned. These are sufficient to give her a right to file the FIR at her native place. Mental agony also provides a cause of action to such wife to file FIR at her native place.
Devajyoti Barman
(Expert) 26 November 2011
The case is very much maintainable.
The others may apply for divorce but mere non visiting the place of the complainant is not sufficient.
If the full case history is given then further advice could be given.
Shonee Kapoor
(Expert) 27 November 2011
1. Prima facie case is maintainable.
2. However, SC in a similar case has quashed the proceedings as the allegations seemed concocted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
