Legal Question in Family Law in India
Can I file a case u/s 498A again....
I withdraw a 498A case
against my husband & his family after a compromise and assurance of no further
torture and as the case was in investigation stage. Now
after six month they again
begin to torture me to
take revange and my husband file a divorce case in
Delhi where he is serving. Now
I am in my parents house at
Jabalpur. What shall I do
now as per law ? Can I again file a case u/s 498 A in any other place or any other police station or any
other court ? I have initialy
filed the case at Jabalpur.
Wheather I have to attend
the summon of divorce at
Delhi?
7 Answers from Attorneys
Re: Can I file a case u/s 498A again....
Yes you can again file complaint under 498A at jabalpur.
Since divorce case is filed at delhi, you will be summoned at delhi, but thereafter you should file application for transfer of petition to your place at jabalpur.
Re: Can I file a case u/s 498A again....
you have to file a transfer petition in teh supreme court for transfer of the matter to jabalpur. you can file 498A
Re: Can I file a case u/s 498A again....
you have been already advices sufficiently
Re: Can I file a case u/s 498A again....
You must first of all get the Div Case transferred to Jabalpur. This is possible through a petition in Supreme Court. 498A is also possible again.
Re: Can I file a case u/s 498A again....
To some extent 498-A is again possible but some vital things like your earlier complaint etc.are required to be examined.In case of Divorce case at Delhi is concerned,you may get the same transfered to Jabalpur in that case you have to move Supreme Court by way of transfer petition.For any other query/assistance you may call on my mobile.
Re: Can I file a case u/s 498A again....
Yes, you can again file your complaint with the same court/authority where you filed the earlier one before compromise.
you will have to represent yourself either personally or through an Advocate in Delhi court to oppose the divorce petition filed by your husband, failing which he may obtain ex-parte divorce.
In case you need any free legal aid, you may approach the LEGAL SERVICES AUTHORITY or you may approach my office for any gratis help/guidance.
Re: Can I file a case u/s 498A again....
Your information is incomplete as you have not mentioned place where you have been harrassed and tortured by your husband as complaint u/s 498A will be entertain by the concerned authorities where you have been torture by your husband.
You may file again the complaint against your husband and his family members in any u/s 498A against your torture in Jabalpur if you have been tortured in Jabalpur.
It is better for you to accept the summon of Delhi court so that no adverse order can be passed against you and for that you may appoint any lawyer or contect me.
If you have not resided in Delhi with your husband at all than you may get the tranfer of Delhi Court by moving application in the Supreme Court of India as only that court has jurisdiction to enertain the divorce case where the marriage was solemnized or where you with your husband lasly resided as husband and wife. For further query contect me
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