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Legal service India => 498A IPC => Topic started by: Rahulp on February 01, 2018, 02:54:35 AM

Title: How and where can file 498A
Post by: Rahulp 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
Title: Re: How and where can file 498A
Post by: kalaskarkk 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.