Legal Question in Criminal Law in India

quasinh of 498a

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.


Asked on 4/22/09, 10:32 am

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

Re: quasinh of 498a

An offence u/s 498-A is committed anywhere and everywhere when the girl in question is 'tortured'. The FIR may not be quashed on the ground of jurisdiction. Your brother may not escape his liability merely because he tortured his wife out of India.

Read more
Answered on 4/22/09, 9:31 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: quasinh of 498a

Already Replied

Read more
Answered on 4/23/09, 1:57 am
Shrichand Nahar S.V.Nahar, Advocate

Re: quasinh of 498a

What is the query?

Read more
Answered on 4/23/09, 3:20 am


Related Questions & Answers

More Criminal Law questions and answers in India