Legal Question in Family Law in India

u/s 156 (3) and 498a

I am a newly married lady

subjected to dowry torture . But

as the police person harassed

the women , I feared to go to

the police station to file a

complain u/s 498a . Can I able to directly file a case in

the local district court in 156(3) without filing any FIR or

complain in local police station?Or am I bound to file a FIR

for 498a before moving to court ? Secondely may I allow

to file a FIR or file a case u/s 498a from any place in India or is there any limitation?


Asked on 7/12/07, 3:38 pm

9 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: u/s 156 (3) and 498a

first u can file the complaint anywhere u want and second that you have to first make a complaint in the police station.

though u can move for 156 3 but it is not advicable as u have sufficient means . take the help of police they will cooperate.

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Answered on 7/17/07, 3:47 pm
Prabhat Shroff Shroff & Company

Re: u/s 156 (3) and 498a

Yes, you can dircetly file an application in the criminal court u/s156(3), praying for conversion of the application into a complaint u/s498A and necessary directions upon police.

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Answered on 7/13/07, 12:58 am
kavitha balakrishnan kpp associates

Re: u/s 156 (3) and 498a

place of last abode as husband and wife - is normally the place to file.

in your case you can file it from your parents/friends place - ps. also state the reason for filing in different place!.

complaint before the magistrate or district judge only after filing or failure to register a cmplaint!

if police personnel you can contact the higher offical - even dowry cell and inform them they will help you!

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Answered on 7/13/07, 1:17 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: u/s 156 (3) and 498a

good afternoon

inform the dowry cell they will surely help you

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Answered on 7/13/07, 7:06 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: u/s 156 (3) and 498a

you should send a complaint to the police by post addressed to the SP and SHO of the area where u live;

filing a complaint u/s 156 is equally effective.

you can also approach the authorities under the newly enacted DOMESTIC VIOLENCE ACT.

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Answered on 7/14/07, 12:51 pm
rajeshwar sharma rajeshwarnathsharma

Re: u/s 156 (3) and 498a

There is no limitation but however the case should be filed at the earlist without any delay.

You cannot file the case according to your choice. You have right to file case within the jurisdiction of that court in whose jurisdiction the cause of action arose i.e. where you had been harrassed or tortured.

Under the provisions of law and guidelines, firstly you must approached Crime Against Woman Cell or concerned police station with your complaint and in case the said authority did not take any action than you can file the case u/s 156(3). For further query contact me

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Answered on 7/13/07, 10:38 am

Re: u/s 156 (3) and 498a

First of all you have to file a complient before the police Station subject to jurisdiction, if you face as obstacle they only you can file a private complient.

You are bound to file the complient before the police Station subject to jurisdiction and there is 7 years limitation to file 498a

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Answered on 7/27/07, 8:25 am

Re: u/s 156 (3) and 498a

Section 156(3) is attracted only when the police do not take action on your complaint.you can not directly approach u/s.156(3)cr.p.c. So firstly you have to file complaint with P.S of your area.Contact with details.

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Answered on 7/13/07, 1:53 pm

Re: u/s 156 (3) and 498a

First of all you have to file a complient before the police Station subject to jurisdiction, if you face as obstacle they only you can file a private complient.

You are bound to file the complient before the police Station subject to jurisdiction and there is 7 years limitation to file 498a

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Answered on 7/16/07, 7:11 am


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