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Jurisdiction and its applicability in 498a case

(3 posts)
  • Started 8 years ago by PetrifiedSon
  • Latest reply from Adv.Kachave

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  1. PetrifiedSon
    Member

    Dear all,

    I am son of one of the victims of 498a case. My mother's sister-in-law (Mother's brother's wife) filed this case against my uncle (Mother's brother), my mother and my grand parents.

    This incident took place after 6 years of marriage in 2003. My aunt never wanted to live in a joint family (comprising my grandparents and uncle, my mother lived in same town but not with my grand parents) and after trying to convince my uncle for several years she left him without informing anyone. In her hometown (tikamgarh M.P.) She lodged an FIR against uncle,mother and grandparents. Because we lived in U.P., tikamgarh court never had jurisdiction on the case. So District court issued an order which stated that 'Because this case is out of jurisdiction of tikamgarh, court orders Police to forward case where crime is committed and this case should be presented in front of the court having proper jurisdiction". This judgement was given after 3 years in 2006.

    Meanwhile both parties agreed on a compromise in lok adalat and all other cases filed against my uncle were rendered ineffective by my aunt. Later they divorced and both get married again. Because this case was with police and they were responsible for it, they tried to start a fresh case in Chattarpur (M.P.). My uncle and my grandparents lived in U.P. at the time of incident but they used to live in Chattarour at the time of marriage. Police informed us after a 2 years in 2008 that they are going to file a case in Chattarpur. My grandfather who has some insight on legal issues, gave an application saying that all matters regarding marital disputes have been resolved and as they lived in u.p. when FIR was lodged chattarpur court has no jurisdiction on the case.

    Later after one year recently in 2009 the court sent us a summon regarding this case. Chattarpur lower court judge has ignored the plea and assumed this case to be a fresh case. Now we are trying to appeal in higher court (District court) that this case has already been quashed.

    After 6 years this case reappeared and almost for 2 and 1/2 years it was dormant. What can be done to end this for ever in current stage.

    Few point and queries worth mentioning here

    1) Can a case be filed in same level of court once judgement is already given by the other court with no jurisdiction but having same rank.
    2) In FIR it is clearly written that crime is committed in Tikamgarh. Can this be used for permanently quashing this case forever.

    Please help,, case is going on for long time and my mother is really worried.

    Please let me know if you need additional information.

    Regards
    Petrified Son

    Posted 8 years ago #
  2. ADMIN
    Key Master

    If same case was quashed for whatever reason, it cann`t be filled twice.
    You can forward old judgement or settlement deed to honorable judge for reference.

    Check this Judgment - http://mynation.net/docs/x227-1986/ [ No 2 simultaneous proceedings in two different Courts ]

    and this Judgment for Jurisdiction [ http://mynation.net/docs/415-2004/ ]

    Let us know if you need any guidence.

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 8 years ago #
  3. Adv.Kachave
    Blocked

    Dear friend, you may file petition for quashing the proceeding before thee High Court with reflecting all facts, it will be quashed or by appearing before the court from whr u received summons submit all the facts & discharge from the case, But the case is against your grandfather, father etc, they will do the same , why u & ur mother r worry ? U hve no prb.

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 8 years ago #

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