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498a, DV notice crcpc 91. Advice needed, please help on the same


03-Apr-2023 (In Criminal Law)
My wife filed complaint in police station who sent notice to me under crpc 91 for DV , 498a others from a different city where I have never been , and mahila police is asking to show presence , can she file complaint in different city where I never stayed or been to.
Answers (2)

Answer #1
613 votes
The law on section 498A of the Indian Penal Code Has developed over a period of time. Initially, the FIR of the offence under section 498A could be registered only where the offence was committed. However, now due to the ruling of the Supreme Court, it can be registered by the Wife even at the place where She is staying after the separation from the husband.

Usually, when a complaint is filed Alleging offences under section 498A, It usually goes to the Mahila cell, where the complaint application is enquired into and if necessary first information report is lodged against the husband and/or his relatives

Complaint/FIR under section 498A is a different processing from the application filed under the domestic violence act (DV).
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Answer #2
961 votes
Sorry to know about your situation. Yes according to the law an aggrieved woman may file a complaint at any place where she may be temporarily residing irrespective of you ever visiting that place. You should contest all those false complaints under the guidance of an advocate.
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