Legal Question in Criminal Law in India

Is physical present nedded to quash 498a on the ground of jurisdiction

My sisterinlaw's family has threatened us of filing 498a against my brother.She never stayed with my brother in india and only stayed with him abroad.So my question is if she lodged 498a against my brother does my brother has to remain present in court if we will try to quash it on the ground of lack of jurisdiction as she cannot claim any offence was comitted against her by my brother in india as he never stayed with her in india and stayed with her only abroad????

My brother left for abroad next day of his wedding so she cannot madeup false story that my brother tortured her in india and as he left for abroad n the very next day and after one year my sisterinlaws went abroad to stay with him and even that one day whole family and friends of both side were present as it was wedding night.More than that after that she stayed with my brother.

Does my brother has to be physically remain present in court to quash 498a on the ground of jurisdiction or lawyer can do it without my brother's presence?


Asked on 4/22/09, 10:39 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Is physical present nedded to quash 498a on the ground of jurisdiction

Physical presence may not be required to pursue a quashing petition. However, the court may ask his presence for the purposes of finding out possibilities of a mutual settlement.

It may be better to avoid litigation and try for an amicable out of court settlement.

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Answered on 4/22/09, 9:45 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Is physical present nedded to quash 498a on the ground of jurisdiction

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Answered on 4/23/09, 1:54 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Is physical present nedded to quash 498a on the ground of jurisdiction

No need to remain physically present. A duly instructed lawyer can represent.

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Answered on 4/23/09, 3:18 am
Pranav Desai PD Legal & Associates

Re: Is physical present nedded to quash 498a on the ground of jurisdiction

Ordinarily, physical presence is not required. Though, court may ask your brother to remain present.

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Answered on 4/23/09, 5:03 am


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