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Author Topic: How and where can file 498A  (Read 1496 times)

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Offline Rahulp

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How and where can file 498A
« on: February 01, 2018, 02:54:35 AM »
Hello Experts,

My cousin lives in Mumbai and from West Bengal. Marriage and all happened in West Bengal only. They are living in Mumbai and working. Her husband wont give any money and she works and living with her own money from 10 years.She is facing problem with her husband from many years but now she want to separate from him and want to file 498A and divorce case against her husband. Please advice about the below doubts.

1. Can she file case in Mumbai - as she belongs to West Bengal?
2. She already filed normal complaint in Police Station against her husband about violence and harassment.
3. Violence and harassment happened in Mumbai only from many years.
4. If she file case in West Bengal - she has to visit every time, not preferring as 2 child are at age of 9 are studying in Mumbai.
5. She wants to keep her child with her as her husband wont give money for house expense and child education or for anything. He sends money to his mother and brothers in West Bengal.

Thanks,
Rahul

Offline kalaskarkk

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Re: How and where can file 498A
« Reply #1 on: February 02, 2018, 12:49:37 AM »
Dear Sir/Madam

Your questions are answered below:

1. Can she file case in Mumbai - as she belongs to West Bengal?

Ans: Usually preference will be given to married woman to file complaint under Section 498A irrespective of jurisdiction.

2. She already filed normal complaint in Police Station against her husband about violence and harassment.

Ans: If it is so let the investigation continued.

3. Violence and harassment happened in Mumbai only from many years.

Ans: It may be transferred to Mumbai since witnesses are available in Mumbai only.

4. If she file case in West Bengal - she has to visit every time, not preferring as 2 child are at age of 9 are studying in Mumbai.

Ans: Yes, after investigation and when charge sheet is filed it may be transferred provided you bear travelling  expenses of witnesses.

5. She wants to keep her child with her as her husband wont give money for house expense and child education or for anything. He sends money to his mother and brothers in West Bengal.

Ans: There are so many provisions under DV Act to claim maintenance for wife.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

Offline needofhelp

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Re: How and where can file 498A
« Reply #2 on: April 29, 2018, 11:51:42 PM »
Hello there,

   Please do not spoil the valuble lifes of both wife and husband by filling the 498a as life is more valuable than anything else, despite consider both of them to send for counselling and let both of them to resolve the issue in peacefull way by if they are willing to seperate mutually or stay together and lead happily. ( choose happy married life or easy seperarion.)

Thanks.

Offline advjaibansal

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Re: How and where can file 498A
« Reply #3 on: May 01, 2018, 05:44:27 AM »
Dear Sir,

As wife is residing in Mumbai and cause of action happened in Mumbai, she can always file the cases in Mumbai. She can also file maintenance case against the husband for the maintenance of child in Mumbai. For filing the case in Kolkatta, it would become very difficult to make out the jurisdiction. Hence file the cases in Mumbai.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline advshelly

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Re: How and where can file 498A
« Reply #4 on: May 23, 2018, 05:52:41 AM »
keep this in Mind that consequences of cruelty which are likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical of the woman is required to be established in order to bring home the application of Section 498A IPC.
Advocate Shelly is a Top Notch Learned Council

Offline Panenka

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Re: How and where can file 498A
« Reply #5 on: June 06, 2018, 03:03:05 AM »
These are the information I'm looking for looking for it.

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