Wife threatened to file false 498a. Hlp reqrd on Jurisdiction for 498a

Question

Wife threatened to file false 498a. Hlp reqrd on Jurisdiction for 498a

24-Apr-2023 (In Criminal Law)

Husband and wife were staying in Noida and separated from each other from March 2018 due to disputes .After separation wife continue to stay in Noida at some other place locally due to her job in Noida till April 2019.After that wife move to Mumbai due to change of her job. She is now staying in Mumbai from April 2019 .wife maternal house is in Haryana.Question is on judiriction of 498a.Because wife is threatening husband to file false 498a. 1) Can wife put 498a case in Mumbai because presently she is working in Mumbai.As per latest judgement of Supreme court say that wife can file 498a at the place where cruelty has happened or at the place where wife seek refuge after cruelty.But in this case wife has taken refuge in Noida only after separation from husband. There was clear evidence of joining letter in Noida only till April 2019 2) Can wife put 498a as per her convenience regardless of where cruelty has happened or or where refuge has been taken after cruelty has happened

Answers (3)

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Adv. Vivek Mishra Adv. Vivek Mishra

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LawRato LawRato · Accepted Answer · 2020-04-25T14:55:15+05:30

Answer #2

Sir.. Mumbai is totally out of jurisdiction as no cruelty has happen over there and she has only move due to job.. If after the cruelty has taken place she has went any another place, suppose her parents place, then that place jurisdiction could be considered.. So Noida or the place she move after the cruelty would be the place for jurisdiction.. In case lodges any FIR in Mumbai, then you can challenge the Jurisdiction under Section 482 of Crpc in Bombay High Court

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Advocate Rajeev Srivastava LawRato · Accepted Answer · 2020-04-27T21:18:30+05:30

Answer #3

Dear client, I have seen your query carefully and found that you want to know about the jurisdiction of filing the criminal complaint by your wife against you. according to the latest judgment of supreme court the wife can file a criminal complaint against the husband where she has taken the shelter after leaving the house of the husband. In that case she can file a criminal complaint against the husband where she is residing at present. But you can challenge the jurisdiction before the concerned high court after filing the petition for quashing of F.I.R. If you want any further information or any other advice then contact me without any hesitation through administrator of this website

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