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?


Asked on 10/24/09, 7:27 am

4 Answers from Attorneys

Seshadri Srinivasan www.lawconcern.com

For 498 A you can file it in place where crime was committed.

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Answered on 10/24/09, 7:49 am

yes she can file from her residence with parents or she can file private complaint at her own place.

Regards

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Answered on 10/24/09, 9:24 am
Nagendra Naik LegalScrutiny

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]

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Answered on 10/24/09, 11:42 am
RAJIV GUPTA (Cell: +91 9811284735) [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.

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Answered on 10/24/09, 2:05 pm


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