• Any law against 498a misuse

Hi M Dr. Mitesh Desai. Been just 6 months of marriage.(love). My wife has registered 498a against me my mother(Widow) and my sister which is absolutely baseless and cruel. M literally shattered.
M staying in Silvassa.U.T.of Dadra and Nagar Haveli. Wife is from Kalimpong(west Bengal). And the case is registered there. 
Can this case be registered like this at their place.?
Can this be trasferred to our jurisdiction?
How can i file a case against my wife for this mental torture and inhuman act of cruelty against me and my family? I have read now much about this bail and all of this but now need to know this above doubts.
Kindly help and guide. Thanks
Asked 7 years ago in Criminal Law
Religion: Hindu

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8 Answers

Hi, she can file the case at the place of her matrimonial place as well as at her native place .. Unfortunately , the law favours women and therefore 498A is highly misused to harass in laws .. There is no criminal charge that you can file at present stage against her .. It is advisable to take anticipatory bail and join the trial .. The transfer application will be filed in high court

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Hello,

Legally it can be registered there.

You can not per se get the case transferred since the same is criminal in nature.

You may challenge the same in the HC of West Bengal on the ground it being frivolous.

You may only file a case against your wife once you are out of the case that has ben filed by her.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

If cause of action has arisen in west Bengal 498A casecan be registered in WB

2) it all depends upon allegations made in FIR

3) if cause of action has arisen in Dadra and Nagar Haveli then case can be transferred to your location

4) there is no automatic arrest in 498A case

5) Police would issue you notice to record your statement

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

Jewellery constitutes wife stridhan

2) she is at liberty to take her jewellery with her

3) record her father threats

4) file police complaint of criminal intimidation under section 506 of IPC against her father

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

Hello,

you may definitely file but the same will not stand on the ground that it will be treated as an outburst to the FIR filed against you and practically will weaken your case.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

She can lodge the criminal complaint in her place by furnishing misleading facts to the police that it has happened to her at her place.

In ordinary circumstances the criminal complaint cannot be transferred from that place to your place.

You cannot file a mental cruelty case against her for her this act.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

can i file for 363 IPC and 406 section. Against her parents.. she has taken all gold jwellery with her..

You cannot retain her gold jewels, she has full rights to take her stridhan which includes the gifts given by your side too. Hence you cannot file any criminal complaint against her for this act.

Also her parents have been divorced. They dont talk to eachothet.. her father called up and used abusive language on me instead of understanding the matter.

You can either issue a legal notice to his father or lodge a criminal complaint against him for this nuisance and threatening activities.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

Try getting a FIR lodged against your wife and her parents.

The FIR/criminal case filed by her cannot be transferred to your place.

If you've decided to move out of marriage, file a divorce.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

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