Sec 498
Mohit
(Querist) 02 August 2013
This query is : Resolved
Sir in filing FIR under 498 1) if i plead for recovery of ornaments from in-laws home then should i give the list of those ornaments also which were given by in-laws to the wife or should we demand only that ornaments which were given to wife and husband by the parents of the wife ?
2)If the husband did the act of torture and physical abuse in the jurisdiction of "A" police station and the in-laws tortured at other place of residence which is under jurisdiction of "B" police station then shall we file FIR against both husband and in-laws in police station "A" or separately against them in "A" and at "B" respectively ?
3) can a delay of about 7-8 months from the last incidence of torture have any adverse impact on the FIR by wife?
Please advice. Thanking all the experts in advance.
ajay sethi
(Expert) 02 August 2013
demand your streedhan . all ornaments gifted at time of marriage .
you can file where cause of action has arisen . file in A .
8 months delay wont have impact
V R SHROFF
(Expert) 02 August 2013
No adverse effect if 498A filed after 7-8 months.
Lodge 498A compl at her present residence PS
Also mention ALL Jewellery {given by hus + wife side] & Police will recover it and hand over to you.
{Remember 498 is permanent house breaker law. So If u had decided to terminate matrimonial relationship, then only go ahead, as hv 8 yrs child with u, is it?? }
Return of jewellery will also be taken care of in obtaining a protection order under D.V Act, so no need for 498A.
I never recommend 498. It harms both.
