Can police reject a 498a complaint made by wife?

Originally posted by :R K........
"	Mr Rajeev   In this case can the girl move to some other city and lodge a fresh complaint instead of moving to court ?	"

No she can not do this, these matters are bound by jurisdiction clause. If she so, she will get caught into her own trap!

police will never reject a FIR on 498a case.He will get the person against whom the complaint had been made.bt it may depend from police station to police station or nature of on duty police officer. Get AB for parent as they will get it easily.apply AB for u in lower court or higher court(if rejected by lower court).'if AB is not granted then get surrender in trial court and apply for regular bail. and never trust police as they are of none.

i need some help..i have filed a complaint againsist my husband on 8 april..but my husband is nt in the city...even m nt sure about it where is he..even ii have mentioned his 2-3 addresses in the complaint...police n says that we went their doors are locked there were no one...wht to do in this case...and my lawer is saying without police investigation we can't proceed further..and they are missing...but my husband is still calling me and threatening me nd my familly members that he will kill them and will take me away with him...and will nvr give a divorce..if i put the petition for divorce in the court what will be happn bcz they are missing how will i get divorce in this...plzzzzzzzz give some suggestion..

In the complaint case give the details of the telephone no. to the police in writing from which you have been receiving threatening calls from your husband.  By telephone no. they can locate his place.  In the divorce case, you get the court notice served on his last known address.  If it has been already served it is o.k.  Otherwise, the court will ask you to give news paper publication as alternative mode of service.  Once service is completed and later on your husband chose not to appear, the court will proceed ex-parte and if you succeed to prove your contentions, the court will give divorce decree to you.

i have given thm the phone numbers...but they r nt tracing him at all...by tomorrow m gng to file this in women cell...after gng to thm they will say the same thng they r nt on tht address bla bla...after filing the petition in court on grounds of mental n physical cruelty  if he doesn't comes on the tym of his hearing...the case will goes on n on fr many years....thts wht m worried about...still i didn't got my clothes nd jewellry....i hv told the police to get my things back they r saying thy r nt at home...

as proposed by you, file criminal complaint in the crime against women cell.  if they will not find him, then you ask them register FIR against them.  Once FIR is registered, the magistrate will issue non-bailable arrest warrants.  Even then, if they will not appear, they will be declared as proclaimed offenders and their properties will be attached.  every one knows, that accused will not wait at their door steps waiting for the police to take them in custody.  This case may go on, do not bother about yourself.  nonexecution of non-bailable arrest warrants will create a lot of disturbance in their minds, either one day or other they will surrender themselves in the court and get bail.

Now, divorce case, once you give all their available addresses, the court will issue notices.  If they do not appear, at your request, the court will allow you to publish newspaper notice.  even then, if they do not appear, the court will proceed exparte and grant divorce to you.  After getting divorce also, the complaint described in para above will survive and you will be entitled to recover your stri-dhan in that complaint case.

thanks alotttttttttttttttttttttt fr ur suggestion....

But remeber, if that party has no immovable properties in ur notice & they have made a planned exit from the country, not much is available to be done except frustrating urself

hw much tym it takes in ths matter ny kind of idea 1 yr,2 or 3

divorce case three to three and half years.  S.498-A case five to 6 years.  But once, in S.498-A, they appear they come to mediation with you and agree to give you divorce and return stridhan articles and request you to give your consent to quash the Section 498-A case.

Ld Chandu is right

actually my layers was saying tht he will complete ths case   in 1 or 1 1/2 year...on grounds of cruelty nd 498a....he is a very gud lawyer...

Its not in the hands of lawyer to complete the case in n number of months. Court gives dates acc to its work-load

Its not in the hands of lawyer to complete the case in n number of months. Court gives dates acc to its work-load

May be possible in divorce case, if he puts extra efforts, on each and every date forcing the judge to give a short date.;  But impossible in Section 498-A case, as the Assistant Public Prosecutor and not your lawyer, who would prosecute the case.   He has a very limited role to play in S.498-A case.