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Amit   13 September 2018

Challengin crpc 125 jurisdiction

Hi, My wife has filed CRPC 125 both Int and Final, Domestic Violence and Divorce cases from a 3rd place where her Sister live, which is not her parents place nor the Matrimonial place. She stated that due to life threat she has taken shelter at her Sister's house, but in fact she is living with Parents and at parents place 498a Proceedings are going on. This all has done to harrase me as the place where she filed 125,DV & DIvorce is a remote village and around 900KMs from my place. She is well educated done B.Tech, working previously before the birth of Kid, she can still work but not working purposely to claim maintenenace, Kid is also with her. Please help me with following questions:

1. Can I file application in the Magistrate court where 125,DV & Divorce is files at present to challenge the jurisdiction by showing 498a FIR Certified copy and saying the kid is studying at her parents place. I am trying to get the proof of Kid school. What are the chances of disposing all cases from that place. This is very important for me as attending proceeding at such a remote location is very difficult and there is also a threat to my life.

2. She left me as per her own wish to attend funeral rituals of her grandfather, i have watsapp messages and ticket was done by me. With these Merits possibility of no Interim and final maintenace will be there.

3. She filed DV on me and my Parents with all false allegations, though Parents live seperately in other city, how to remove thier name and fight the case.



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 1 Replies

Adv Deepak Joshi +917017821512 (Advocate)     13 September 2018

Dear querist,

Purpose of sec125 Cr.P.C. is to ‘prevent vagrancy and destitution’ the ‘cause of action’ for proceedings under S. 125 Cr.P.C. arises at the place where the person claiming maintenance is and is apt to face vagrancy and destitution.

 

1.       You may approach Apex court to transfer all the cases at on place which is convenient for both the parties.

 

2.       This may help you in other cases but not as in maintenance case.

 

3.       You may file discharge application for your parents.

 

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600


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