Jurisdiction Clarification

Dear All,

Husband filed 498A case quash petition in Andra Pradehs High Court in June-2009. till not opposite party did not file counter and also case did not come for next date.

My lawyer is always some times say: there are many cases pending hence it take time.

Some times he says till opposite party file counter court will not proceed and if do not file counter for ever then case will not move forward at all.

This way lawyer saying different reasons every time.

Could anyone let me know the steps involved in High Court quash Petition and the solution for my problem.

Hi,

After marriage wife was living at her parents home at Place-A. Wife lived at Place-A for some months. Husband use to visit wife place one in month. After few months husband asked wife to join him. Wife joined him on husband request at Place B. The distance between Place-A and Place-B is 1500km and are in different states.

At husband place 498A related harassment happened.

Wife filed 498A at her home town.

Quesation:

Husband use to visit wife place, but wife did not mention any allegation occurance at her place durng husband's visit. Does wife place has Jurisdiction to trial the criminal case?

Can wife take defence saying husband use to visit wife place is enough to have jurisdiction. No need to take place offence at wife place.

One of my friend is facing this problem. His version is that husband did not do any offence at wife place hence no cause of action arose at wife place. So wife place do not have jurisdiction to try the case.

Dear Prabhakar Sir,

As per FIR, CrPC-161 stateemnt of the complainant and as per Charge Sheet it is mentioend that husband visited the wife place at Plaace-A, no allegation occurence is mentioned. Just while describing the after marriage activities they mentioned this statement that husband visited wife place for 3 days then moved to Place-B whre husband is working.

Whereas as per CrPC-161 statement of brother of the wife alleged that at the time husband was at wife place also harassment happened but wife parents did not said it though wife was with her parents house insted of her brother's house (wife's brother is living seperately from his parents). Can this CrPC-161 statement fo the wife's brother can attract jurisdiction while her parents and wife is not making such allegation.

Dear Sir,

Please advice me on the follwoing on applicability of the jurisdiction:

Wife version: As per wife no part of the alleged allegation happened at Place-A.

As per wife's parents, who were living with wife at Place-A, version:  no part of the alleged allegation happened at Place-A.

As per brother of the wife who was not living with wife parents and was living seperately away from wife living place-A, version: Some part of the alleged allegation happened at Place-A.

Summary: As per wife complant version and CrPC-161 statements of the wife and her parents, which whom wife was living at her place-A, no part of the alleged allegation happened at Place-A. Whreas the brothe of the, wife who was not living along with his parents at place-A given CrPC-161 statement saying that at Place-A also alleged offence happened.

will  the court believe the CrPC-161 statement of wife brother to have jurisdiction and try the case at Place-A?

 Can I say to the Hon'ble Court that if it is so happened wife and her parents should have told to police.... only one witness made additional allegation than the real sufferrer, wife. Even parents of the wife under whose gurdian she ws living did not allege that incidents happened at Place-A.

CrPC-161 statement of the wife's brother is not supported by the wife and her parents hence allegation, though it is additional to wife, do not have supporting evidence.