Urgent please _lack of jurisdiction filed by respondant
ramakrishna.r.b
(Querist) 12 February 2014
This query is : Resolved
Respected Lawyers,
My daughter ( Call her as “R” hereafterwards ) is an Indian Citizen. Her Husband ( Call him as “N” is an Australian Citizen. N borned , grownup , studied in India. Because N stayed for nearly 10 years in Australia he got the Australian Citizenship. Marriage took place in India. R has filed DV case on N and later filed Divorce case on N. N filed RCR against R.
For DV case recently N raised an objection stating as follows “ Application under section 188 of Cr.P.C read with section 2(n) and 2(g) of protection of woman from domestic violence act 2005 , it is prayed that this honorable court be pleased to dismiss the above case as not maintainable as lack of jurisdiction and no report has been taken by the protection officer in the above case in the interest of justice and equity “
They did not rise above objection when RCR was filed. All the majority of the quarrel took place in india. R is a permanent resident visa holder of Australia. R doesn’t want to continue the relationship with N anymore as N has tortured her physically, mentally and emotionally blackmailed her by telling her that he will kill R’s Parents if she doesn’t stay with him. These words N has told R plenty of times in her 4 ½ years of Marriage life. N’s Parents and N’s Sister also abuses R with all filthy language . R has done BCA and MBA . N has not allowed her to work at all.
My question is how can they dismiss the case when R is a citizen of India ?. R goes to Australia and comes back bcoz she has got Visa. How can the case be lack of jurisdiction ?.
I request expert lawyers to help me out URGENTLY. As we the applicatns are more worried
Devajyoti Barman
(Expert) 12 February 2014
Section 188 crpc will not apply if any of the many incidents had happened in India.
RCR is a civil proceeding and hence section 188 crpc does not apply there.
So do not worry. the case is maintainble. Engage a good advocate to look after your case.
ramakrishna.r.b
(Querist) 12 February 2014
Sir
Respondent wants DV case to be quashed . How is it possible as my daughter is indian citizen. Can you please calrify on this point ?
ajay sethi
(Expert) 12 February 2014
courts are reluctant to quash DV cases .you have to prove allegations made in complaint . if incidents have happened in india courts will have jurisdiction .
Devajyoti Barman
(Expert) 12 February 2014
Do not worry. the case would not be quashed on this ground.
The husband will try different methods but rest assured.
The case is maintainable.
