Dv act lawyers
Himanshu
(Querist) 27 January 2014
This query is : Resolved
Dear All,
I have got married to a delhi girl, her brother is a lawyer, Dec-2011 we married in Indore,my native place, started leaving in Indore at our home, the girl was troublesome often threatened us with divorce and his lawyer brother and pressurized me to start leaving in delhi, as I am working as a manager in MNC. I have old parents and unmarried younger sister to look after, so I cannot. Common relatives who were in between the relation tried to mediate but didnt work and she went her with jija,brother and father on 6 feb 2013 threatening us to drag me and my entire family to delhi courts and jail. She took her jwellery with her,when we asked for signing papers for leaving with jwellery her brother refused and took her forcefully without getting any papers signed.
Relatives tried to reconcile but all in vain she put her demands straight that I should take a house in delhi in her name and shift to delhi leaving my parents.
We could not submit to and they lodged a complaint in CAW cell delhi,all alleged offences in my and family members name were alleged to happen at Indore only, I never went to Delhi, complaint is now converted into FIR. Then she slapped a maintainence case in 125 and now one more in DV act 2005. My parents,two younger sister out of which one is married and resides separately in city is also made a party.
I didnt participated in CAW cell proceeding in person however my counsel appeared and submitted my statement in that regards, just because there was lot of threatening coming that once I come to delhi they will implicate me in other criminal cases so as I have to shift to delhi only and also assault me, not let me go back alive.
I am trapped. I hired a counsel in Delhi known to my relatives, he filed a Notice bail at JMFC at stage of CAW cell proceeding which was withdrawn on ground of pre mature. He filled writ petition in High court us 482 to change jurisdiction to Indore which was disposed off at CAW cell stage.
I need some sage advice to save me and my family.
ajay sethi
(Expert) 27 January 2014
your application to HC for transferring case to indore was waste of money . if wife is staying in delhi cnces of transfer to indore were remote . dont bow down to pressure . contest case on merits in delhi .
Himanshu
(Querist) 27 January 2014
Thanks Ajay ji,
But does the alleged offence being so committed in Indore, doesn't gives Delhi police and courts lack of territorial jurisdiction.
On question of Sec 177 and 178 Delhi Police lacks territorial jurisdiction, I have come across some judgement where quash petition was filed on lack territorial jurisdiction and transfer was allowed by HC as alternative remedy.
I am asking this in detail because this is still suggested by my lawyer as a strategy.
Thanks in Advance for your kind replies.
Devajyoti Barman
(Expert) 27 January 2014
Lack of jurisdiction is not sufficient of quash the case. on this ground the case would be transferred to proper court at most.
Rajendra K Goyal
(Expert) 27 January 2014
Agree with the expert Devajyoti Barman ji, the chances to transfer the case to Indore are remote or nil as she is living at Delhi.
Dr J C Vashista
(Expert) 28 January 2014
She has all the right to file complaint in Delhi since she has choosen to reside in Delhi and that provides jurisdiction to Delhi CAW Cell as well Delhi Courts. Please remember, Indian family laws are heavily favouring female, it is ill-luck you are her husband/male.
You have the only option to contest tooth and nail, get exemption from appearance on the time/dates appointed by Court, however, get your presence marked in CAW Cell which do not entertain lawyers.
V R SHROFF
(Expert) 28 January 2014
Agree with Dr.
get exemption
Biswanath Roy
(Expert) 28 January 2014
Lawful jurisdiction of your case is at Delhi which cannot be transferred to any other State. You bungled up your case.Engage an experienced and expert Lawyer.
Shonee Kapoor
(Expert) 28 January 2014
In any case now the jurisdiction aspect has to be decided in the light of Sunita Kumari Kahsyap Vs State of Bihar 2011 (11) SCC 301.
It says that if the effects of cruelty in one jurisdiction carries to other jurisdiction, then the place where the effects of crime has carried to would also have the jurisdiction.
Besides notice bail had to be filed in ASJ court. If the complaint is there Delhi courts do grant notice bail of 3-5-7 days.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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T. Kalaiselvan, Advocate
(Expert) 29 January 2014
I fully agree with the experts views on the subject. The women biased law will not favor the author with his transfer petition unless he projects very strong grounds for the same.
