Legal Question in Family Law in India
Can a 498a case be filed from the city where the wife lives with her parents, on being sent away by husband and in-laws or it has to be filed only from the city where the crime was committed i.e., from the city where the husband and inlaws live?
4 Answers from Attorneys
For 498 A you can file it in place where crime was committed.
yes she can file from her residence with parents or she can file private complaint at her own place.
Regards
complaint can be filed where the cause of action arises. in the case of harassment, the cause of action generally continued in the parents place as the harassment will not stop the moment girl left the marital home. hence it is permissible to institute the complaint in the [place she resides with her parents. there is a judgment of AP high court judgment on this issue. email:[email protected]
the case can be filed by the estranged wife where she resides. the law is flexible as far as jurisdiction of matrimonial offences is concerned. you can surely file it at the place of your residence.