No jurisdiction of court, 125 and 498a can not be inforceable
Sundram N
(Querist) 17 December 2012
This query is : Resolved
Dear Senior,
kindly suggest that, wife has left house at her desire and went to parent house at district- derbhanga in bihar .
she always resided continously in back 11 years with her husband in west bengal.she fabricated on incidents as arbiteration held in derbhanga in bihar and due to failurity of arbiteration, she now filed the case firstly 498a and then 125.
police diary shows that was false and no arbiteration as such held.
NOW : my quary is that, case of maitenance 125 and 498a can be argued that, the court has no jurisdiction as cause of action accured in west bengal therefore the case would be quashed. as the supreme court in Bhera Ram vs govt. of Rajsthan held that cause of action is occured in other state in punjab therefore the case in rajsthan can not have jurisdiction.
kindly suugest that case of 125 and 498a, both will be filed petition before the family court in 125 and session judge in 498a ( as husbnad bail under hearing in back five months) that would quashed on jurisdiction basis.
Kindly your valuable in put on the fact of law.
adv. rajeev ( rajoo )
(Expert) 17 December 2012
Regarding sec.125 wife can file a petition at present where she is living, but for 498A jursidiction is where the offence is committed.
Devajyoti Barman
(Expert) 17 December 2012
If any incident has been alleged in the FIR to have happened in Darbhanga then the case u/s 498A is maintainable.
The wife can file case u/s 125 crpc from her parental place.
Raj Kumar Makkad
(Expert) 17 December 2012
Nothing to add in the reply given by rajeev.
