Legal Question in Family Law in India
Regarding u/s 498 A
I am a woman from kolkata , my father in law house is at Orissa and my
husband is also working at Orissa. I was subjected to
dowry torture & cruality , pysical
&mental torture at my in law
house at Orissa and forced me
to stay at my parents house
at Kolkata. Now I want to
file a case & FIR u / s 498 A
at Kolkata from my parents house. But my lawer said that
''the FIR or case can not be filed at Kolkata as the incidence of torture happened
at Orissa . And you have to
go and to file any FIR or case
at Orissa . Police from Kolkata
can not take any action at Orissa.''
Is that the Law ? Now I
am helpless and what shall I
do ? No one can properly clarify about the law. Is there
any expert lawer at kolkata
to help ?
3 Answers from Attorneys
Re: Regarding u/s 498 A
Your lawyer has rightly said to you that you cannot file case or complaint u/s498A at Kolkata as per Supreme Court judgement because the incident of torture happenend at Orissa so cause of action accured to you only in Orissa. You have to keep in mind that judgement of Supreme Court is law.
Re: Regarding u/s 498 A
The cruelty continued in Kolkatta too when you were forced to live there out of matrimonial home. Therefore, you are entitled to pursue your case in Kolkatta. You may contact Mr Sunder Singh, a former IPS officer of West Bengal cadre presently living in Chandigarh and practicing law. Mr Singh can be reached at House No. 289, Sector 33-A, Chandigarh. Right now, I am in USA; you may contact Mr Singh with my reference for any help. SUDERSHAN GOEL
Re: Regarding u/s 498 A
as far as i know the applicable law is that women can file the case wherever she is living.
right now not having any contact in kolkata.
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