Can you please help me with the specific section of IPC 498A or a relevant judgement which can support that if the alleged incidence of dowry harassment which purportedly triggered the said complaint took place in abroad, 498A complaint cannot be launched in India?
This is one of a glaring case of DV Act which shows that all the alleged act of domestic violence though has been faced by the wife in USA but she preferred to lodge the complaint in India.
WHY
BECAUSE SHE KNOWS VERY WELL THAT IN USA MALE AND FEMALE ARE TREATED AT PAR AND THERE IS NO SOFT CORNER TO ANY ONE INCLUDING WOMEN SO FAR AS JUSTICE DELIVERY SYSTEM IS CONCERNED
BUT IN INDIA ONLY STANDING WOMEN IN COURT OF LAW IS ITSELF SUFFICIENT TO PROVE HER CASE.
A sessions court in the city has ruled that a woman, who faced domestic violence when she was living outside the country and had come back to India, cannot get the benefit of the Protection of Women from Domestic Violence Act, 2005.
The judge dismissed an appeal filed by 35-year-old Kavitha Rajaram (name changed) from Malleswaram against her husband Ram Kumar (name changed) 37, charging him with domestic violence in California, USA, before she returned to India in October 2010.
Judge G D Mahavarkar, LI Additional City Civil and Sessions Court, said, in his judgment on March 30, “All the allegations made against the husband and his parents are within USA’s territory. Kavitha’s child was born in the US. The husband and wife have never led a marital life in India. Therefore, there is no cause of action for any legal proceedings in Indian courts.”
Kavitha had filed the appeal after her petition was dismissed by the trial court which held that she had no territorial jurisdiction to file it and seek relief under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
No doubt this is regarding DV case and if you search in the internet you get such cases for 498A too.
The FIR against me clearly states that the harassment took place in Canada and not in India, and a learned lawyer has informed me that in that case, 498A cannot be filed.
There are cases where court has rejected actions in the situation similar to that of yours.
You can make a search.