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Yoonuse (a)     10 February 2013

498a quash petition (fraudulent marriage,498a outside india)

 

Dear 

We A1 - A5 have 498a and are trying to file a quash petition in Kerala High Court. Am facing a lot of confusion with the petition drafting and the Advocate. Please send me your valuable details to draft 498A Quash petition on following ground.

Marriage : Muslim Marriage.

 

1. Fraudulent Marriage - Not my wife, she suppressed her previous marriage on Marriage Register/ Contract.

2. Offence Outside India - Gulf

3. Jurisdictional 

Please give me your valuable suggestions how to come out of this fake case using Quash petition.

 

regards

Yunus 



Learning

 4 Replies

Sudhir Kumar, Advocate (Advocate)     10 February 2013

vague query

Divya (nil)     10 February 2013

Hi

some inputs as even we've been victims of 498a.

1. Fraudulent Marriage - Not my wife, she suppressed her previous marriage on Marriage Register/ Contract.

answer: Do u have valid proofs which will show court that she was earlier married.....In that case, your exsiting marriage is void & if a marriage is void 498a is also void....I can help with some decision later if u need them

2. Offence Outside India - Gulf

Answer: depends where ur wife stays nopw or her maternal place

3. Jurisdictional 

Answer: though criminal complaints stand where offence happened, but courts still give liberty to a woman to file complaints where she resides at present/ past or some minute instance of torture could have taken place.

Please give me your valuable suggestions how to come out of this fake case using Quash petition.

Divya (nil)     10 February 2013

https://mynation.net/docs/5066-2002/

 

Please check and read above judgment for jurisdiction of 498a....it could help you.

 

 

Thanks

 


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