Jurisdiction under 498a

hi ritesh ji, you are rightly mentioned in regards to jurisdiction of 498A case. your wife may file her case any where but that can not be sustainable, in the recent past the Honourable High Court at kolkata was pleased to QUASH the case of 498A IPC ON THE GROUND OF JURISDICTION, PL SEE c,cr,L.R.2012 OCTOBER edn,  EDITION

Thanks for all.Same thing for my friend.

 

Case filled at faridabad (haryana) - we are living in Haridwar.Kindly provide me any judgement so that i can file my petition in High Court Chandigarh.

Pls

Hi!

 

In both the queries are there any allegations of Beawer or Faridabad in the FIR? If so, the jurisdiction is there for the respective courts to entertain the FIR.

 

Also, now with the changing Judicial version, if the effects of the said crime has ensued in the place, that place also acquires jurisdiction.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 

Handphone: +91-8010850498

Email: harassed.by.498a@gmail.com

 

Yahoogroups: https://groups.yahoo.com/group/sahodar

The 498A law is so much abused and misused that anything can happen, wives always do this.  A wife's parental home may be XYZ but for filing FIR she may go at ABC and lodge FIR.  This is always done by bribing police.     YOu will surprise that in the definitiion of inlaws members of family from USA n other parts of the world are involved not only that even neighbours, friends are involved by adding s.114......Therefore, jurisdiction is not a big deal... there are contradictory case laws over this issue....

 

You can try....but remember that you have to keep cool, in the process do not lose your peace, energy, time and money....

Sicne I am fighting for men's rights, I know the situation of the men and their family members.   I try to counsel them....

Anamika Vichare, Family Court Lawyer, Bandra, Thane and other cours

anamika_vichare@rediffamil.com

anamika vichare

facebook

There are several cases where Supreme Court has allowed 498A & other domestice matters to be filed at cases where female resides present so that no inconvenience is caused to her....as per Apex Court, males can still travel for matters but females shouldnt be burdened to file cases where husband actually resides....

Cout  gives benefit  to the female, a female can file a case where she is presently residing it may be anywhere within India.

So many matters have been stayed by the Rajasthan High Court having the similar in nature, 

recently i had decieded one of the same kind case on 03-05-13 by the rajasthan High Court

file a Misc petition befoer the High COurt

Pankaj Gupta Advocate

Rajasthan High Court Jodhpur

If allegations are such that offence continues to her parents place or its effect ensues at her parents place then jurisdiction at her parent's place is made out under crpc178(c) and crpc179 even if nothing is alleged to be done at parent's place. Latest apex court judgement relevant to jurisdiction matters is Sunita kumari kashyap vs state of bihar delivered in april 2011 . This judgement has really turned the tables on 498a victims. regards ASHOK