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shushil (xsd)     31 July 2012

Transfer in 498a

marriage took place at A city/state,after marriage couple lived at B city/state,before  marriage and after seperation wife living at C city/state(in her own house).and working at d city/state.Wife filled a case of 498a in A city/state(where marriage was soleminized and her parental place),during conselling at A city ,again filed a complaint of mis handling and beating after one such councelling to make juridiction.,My questions.

1.Where should be the FIR/case idealy filed.

2.can  a transfer of case be sorted on the ground that wife is living in C and working at D.

3.A case of harrassment and other remedies.



Learning

 8 Replies

Never Give Up (Fighter)     31 July 2012

As per my understanding of law,

 

Her case would be transfered internally ( by police ) to the place where the couple lived.

 

Look for the dates mentioned in the case, where were you in those dates , the same place should be right where 498a can be filed.

 

Its like where did crime (so called) happened..case would be transfered to that location police station. If it happened at more than one place than all those police station have valid juridiction.

 

P.S. I am not lawyer, just fellow fighter fighting false 498A and DV case.

shushil (xsd)     31 July 2012

need urgent suggestions

shushil (xsd)     31 July 2012

Case is being carried out at City A ,on two grounds;

1.Marriage ws soleminized there.

2.during women cell conselling at A city ,filed a false complaint of mis handling and beating after one such councelling to make juridiction,

What are the legal remedies for me to see that case is either tried at City B or C or may be  D but not at A

Any suggestions,


(Guest)

Hello

I dont know why r u hiding the places, it woulb tough in analysing city A, city B and so on..

after 498A, have u gone throug the allegiations, see the place of these allegiation had happened. your case cannot be transfered, but can be Quashed in the high court base on the juridiction of the allegiations in the FIR. but you can go for quashing only after the charge shhet has been filed by the police . then the chances are more of getting quashed.

 

Regards\

Satish

shushil (xsd)     31 July 2012

i 've written ABCD becoz this is a complex situation involving four statesA uttarakhand,B rajasthan,C haryana,D utter pradesh.,yes gone thru the allegations ,as stated above false incident reported after women cell counselling,place where marriage took place in uttarakhand ,

1.Is place of marriage only criteria for filing 498a 

2.Permanent address of wife is in another state ie haryana

3.permanent job of wife is in UP.


(Guest)

if the allegiations mentioned in the FIR and Chargeshheet, dose not mention about the place where the 498A has been filed then you can go for Quash of the charge sheet on juridiction. there are lot of supreme court judgments and cases being quashed .

 

regards

satish 9663743468

shushil (xsd)     31 July 2012

sateeshji i've written about a false episode in my earlier post ,please comment


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