Dear Learned Members,
Need ur advice on below mentioned situation. here X and Y cities are in different states. distance is 1300 kms.
- marriage registration took place at X city. no rituals followed. girl wore sindur by her own and presented herself as wife. girls father wanted 2 get th marriage registered only asap as boy is a central govt employee nd it was a love marriage so spending of money will b avoided.
- after 2 yrs divorce filed by husband under grounds of cruelty at Y city (place of cohabition frm th time of marriage).
- wife got summon and after 4 days filed 498A/323/120B/DP 3&4 against husband and family at X city. didnt mentioned about the pending divorce suit at Y city,inspite of being well informed.
- wife wrote personal letters to magistrate of Y city court in which she mentioned her inabilty to attend as she has got baby girl,ailing parents nd blah blah....also,in the letter, she informed the court that she is preparing to transfer the divorce case from Y city to X city via supreme court.
- Y city court sent 2 summons and asked fr her appearence. she just copy pasted the same letter and sent it to Y city court. Y court attached the letters sent by her as evidence of her knowledge about the case. husband also provided delivary status of registered letters via online tracking record from india post official website.
- 3rd time the Y city court sent a notice for her appearence, warned her about ex parte proceeding and asked her about the status of transfer petition at SC (if any). no reply came this time. meanwhile husband contacted SC and inquired about any transfer petition against him. SC official website also didnt reflected any pending case against husband. wife did nothing, just wanted to hang up the case.
- Y court granted ex parte divorce to the husband.
- now 498A, husband was not acknowledged about any criminal case against him. as he is a central govt employee he cant show reason without official knowledge of the 498A case.nither leave can be granted to spend his leave at jail(leave is a paid leave). so husband didnt turned up and remained absent from police investigation.
- 498A petition states that the crime took place at X city only. it is nowhere mentioned that she ever lived at Y city. but husband has various proofs like govt hospital presciptions(through RTI). railway nd flight tickets, photographs, issue of govt married quarter,etc
my query is:
- as Y city court already took the jurisdiction for the same period of marriage and held an ex parte judgement against her, which was kept hidden from 498A court at X city. will it be helpful in fighting the case on jurisdiction grounds?
- can this 498 case be quashed under jurisdiction ground?
- can husband apply for dismissal of case on jurisdiction grounds?
- what is supposed to be written in charge sheet if the husband found absent from the address given in the petiotion but present on duty at his office 1300 kms away from X city and never cooperated in police investigation due to lack of official knowledge abt th 498 case?
thanxxxx in advance....
