Jurisdiction question

https://punjabrevenue.nic.in/hmrgact(2).htm

Chapter V

Jurisdiction and procedure

1[19.     Court to which petition shall be presented

Every petition under this Act shall be presented to the  District Court within the local limits of whose ordinary original civil jurisdiction-

(i)         the  marriage was solemnized; or

(ii)        the respondent, at the time of the presentation of the petition, resides or

(iii)       the parties to the marriage last resided together,or

(iv)       the petitioner is residing ,at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]

@ Amit very well answered and explained thanks for the information brother

In your case....your wife can go and stay anywhere in India and file case against you...as you are out of India..

There is recent amendment ...that is a woman can file divorce petn wherever she is staying...even if you were also in India...

pl tell me where the marriage took place.... where as the last residence....if it was USA,,,you can file Divorce petn in USA also...but then there are many problems.....

if you could enlighten me about your story...i can properly guide you as to how to go about it....and prepare for the worst and get best results in hands...

For further advice being confidential and cannot be made public for  somebody might take disadvantage of the same…

Pl email me

anamika_vichare@rediffmail.com

Family Court Lawyer, Mumbai

Purush Hakka Saurakshan Samittee

@ Anamika this is not about divorce case i am filing case against inlaws for illegal threats under IPC 506 AND IPC 383

Y. Abraham Ajith & Ors vs Inspector Of Police, Chennai & Anr on 17 August, 2004 - SC

Section 177 of the Code deals with the ordinary place of inquiry and trial, and reads as follows:

"Section 177 : ORDINARY PLACE OF INQUIRY

AND TRIAL:

Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was

committed."

Sections 177 to 186 deal with venue and place of trial. Section 177 reiterates the well-established common

law rule referred to in Halsbury's Laws of England (Vol. IX para 83) that the proper and ordinary venue for

the trial of a crime is the area of jurisdiction in which, on the evidence, the facts occur and which alleged to

constitute the crime. There are several exceptions to this general rule and some of them are, so far as the

present case is concerned, indicated in Section 178 of the Code which read as follows:

"Section 178 PLACE OF INQUIRY OR TRIAL

(a) When it is uncertain in which of several local areas an offence was committed, or

(b) where an offence is committed partly in one local area and partly in another, or

(c) where an offence is continuing one, and continues to be committed in more local areas than one, or (d)

where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having

jurisdiction over any of such local areas."

U r planning criminal cases.....so the jurisdiction is where the crime happened