Understanding why Courts may be reluctant to help Husband even if wife has filed 498A Case at wrong place.
My attempt is to (1) show some legal reasons because of which courts may be slow to dismiss a 498A Complaint filed by wife, even if wife has filed it in wrong police station or in wrong court. My attempt is also (2) to show that husband should show something more to persuade judge to dismiss a complaint on the ground that he has no Jurisdiction.
An Example Case:
A husband and wife lived in Delhi. A cruelty if any was committed in Delhi. But wife goes to Ahmedabad where her parents live.
Here she can take any of two steps:-
1) She can file a Complaint of 498A Case before Police at Ahmedabad against Husband and his parents.
2) She can file a complaint of 498A in Court against husband and parents.
Initial Reactions of Family of Husband and his family
They will probably tell their lawyer four things:-
1) Wife is lying.
2) If Any cruelty has happened, she was equally at fault.
3) If Any cruelty has happened it happened in Delhi only, and hence Ahmedabad Court has no jurisdiction.
4) Wife has abused 498A law.
Out of these four points, court can look into point 1,2 only after proper trial where all parties have led evidence.
But Court can look into Point No. 3 and 4 but Judges will be reluctant to dismiss complaint only on point 3 unless something on point 4 is also shown
1) When husband says that he never ill-treated his wife, judge will listen sympathetically.
2) But if husband says that whatever cruelty he did, he did at Delhi, and therefore Ahmedabad court has no power, he is raising a Technical Plea of Law. Judges have no sympathy for accused who raise technical obstacles.
Judge may think like this: "Suppose, if I dismiss this complaint, she will have to go and file complaint in Delhi.
"After filing complaint at Delhi, she will go to Supreme Court under Cr PC 406 that it is very difficult for her to travel to Delhi on each date, and she may request Supreme Court to transfer case from Delhi to Ahmedabad.
"Then Supreme Court may transfer case from Delhi to Ahmedabad. So again, case will be back to square one."
So judge will be reluctant to dismiss complaint.
To satisfy the judge, the Husband will have to further show that, wife really really had no grievance and she is spoiling her life as well as life of husband because of instigation of some money hungry relatives.
If the judge can see that wife is abusing 498A, then the judge is not powerless. He can dismiss wife's case and can let the wife go to High Court or Supreme Court wherever she may want to go. Judge will have confidence, that because of 'Abuse of Law', superior court will also upheld his order.
How these arguments can be developed and done, depends on facts and 'indisputable evidence' available in each case.
Haresh Raichura
