On what grounds can 498A be quashed?
My wife left matrimonial home in USA and lived with her sister in other part of USA, After one year she comes to India and filed 498a, 406, 420, 323,506 (I)r/w 34 IPC 4 OF TNWPH ACT on all our family members and went back to USA within a month, As per Rupali devi vs state of UP case, (courts where wife takes shelter after leaving/driven away from her matrimonial home also have jurisdiction )whether territory is there to file from her parental home in India, where none of the alleged offences occurred and is far away from her matrimonial home in India, Further she took shelter in a foreign land on leaving matrimonial home .She lived in India with us for about 10 days soon after marriage, before leaving to USA and left me in US in six months. I continue to live in USA, my family members live in India and at present she lives in India, Can 498a trial be quashed on territory.
The fact that your wife is a foreign national who lived in the USA for a significant period of time before filing the complaint in India may weigh against her in terms of jurisdiction. Additionally, the fact that the alleged offences occurred in the USA, and that your family members live in India, may also make it difficult for the court to exercise jurisdiction over the case. Ultimately, whether or not the court will quash the trial on territory will depend on the specific facts and circumstances of your case. It is important to consult with an experienced lawyer to discuss your options and to get advice on how to proceed. Contact us on our helpline number, and Talk to a lawyer regarding this matter.
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