Jurisdiction of filing of dv act of 2005
Mudassar Shaikh
(Querist) 30 March 2016
This query is : Resolved
Hello Experts,
My wife has filed DV act 2005 of section 12,18,22 against me and my family at her native place & address mentioned on the case is of our native address where we dont even reside. Our permanent address is of Mumbai where we reside permanently and even she stayed with us after marraige in Mumbai. after few tussles in family after marraige she went to native and filed criminal cases of 489a, 406, 323, 342, 504, 506 & 34 - adress mentioned in this case if of mumbai.
domestic violence act section 12,18.20,22 - address mentioned of native place.
Criminal Procedure code of section 125 - address mentioned of native place.
My main query here is, are these cases legally valid in the court if filed in wrong address mentioned?
Actual address is of Mumbai & rest of domestic violence cases filed on native address. All cases are filed in native only.
Please suggest your practical opinions.
Is this way of filing cases on wrong address is valid? if no, then what steps to be taken to bring this to the notice of judge?
Dr J C Vashista
(Expert) 31 March 2016
Read provisions of Section 27 of the Protection of Women From Domestic Violence Act, 2005, the Court has jurisdiction in your case.
However, you may raise the objection in your reply to complaint u/s 12 PWFDV Act, 2005.
Devajyoti Barman
(Expert) 31 March 2016
The DV case can very much be filed from native place of wife.
You cna raise objection but that will be of no consequence.
Mudassar Shaikh
(Querist) 31 March 2016
Sir, i agree with u that DV case can be filed from the native place of wife. But they have put wrong and invalid address of the respondent i.e. my address.
So this way of filing DV case is legal & valid in the court of law?
NANDKUMAR B SAWANT
(Expert) 31 March 2016
Sir you may file petition at highcourt to club all cases at one place.it will minimise your exps.and harassment and reduce chances of multiple maint.orders claimed by otherside.you may also file petition for stay and quashing said maters at high court.good luck n.b.sawant .advocate high court
NANDKUMAR B SAWANT
(Expert) 31 March 2016
Sir you may file petition at highcourt to club all cases at one place.it will minimise your exps.and harassment and reduce chances of multiple maint.orders claimed by otherside.you may also file petition for stay and quashing said maters at high court.good luck n.b.sawant .advocate high court
Nadeem Qureshi
(Expert) 31 March 2016
section 27 of Protection of women from domestic violence act-2005 give right to women to file the complaint before the court in which jurisdiction she is residing permanently or temporary. hence her complaint is maintainable.
Feel Free to Call
R.K Nanda
(Expert) 31 March 2016
agree with experts.
Rajendra K Goyal
(Expert) 31 March 2016
Agree with the advice from expert Nadeem Qureshi.
Mudassar Shaikh
(Querist) 31 March 2016
Thank you all the legal experts for your opinion into my legal matter.
I think that there is some misunderstanding into the query!
1) I am a resident of Mumbai
2) My wife's maternal home is in Ahmednagar, Maharashtra.
She has filed DV case, maintenance case & other criminal cases on me and my family stating that "I" & my whole family is resident of Ahmednagar.
Adress mentioned of all respondents (me & my family) is some fake & invalid address of Ahmednagar where we never stayed or even dont know does that place exist or no! All our address proof & documents are of Mumbai address and location.
Now, because of this fake & invalid add, we do not get any notice or letter from court aswell and might be marked as absconding from the case.
We recently came to know about this trick of theirs.
Again, my main quest here is "Can wife file DV case on husband showing some invalid/wrong add of the husband to get the court order in her favor?" "Is it legally accepted in the court?"
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 March 2016
Such type of cases drag for years. And if proper care is not taken at initial stage and some interim relief is granted than it will be uphill task to modify it.
So get a good advocate who has handled such matters and take objection at lower court for jurisdiction.
She can file maintenance case but not DV case from native place.Even in maintenance case you can take objection at lower court far want of proof of residence.It is highly technical matter and get good legal person to fight properly.
If contested properly you can get proper relief.
advocate defense - firmaction@gmail.com.
Dr J C Vashista
(Expert) 01 April 2016
You are unnecessarily burdening yourself on the issue of "address" mentioned by your wife in the case, have you not discussed with your lawyer? Concentrate on legal issues.
Since the experts have adequatly advised, consult your lawyer for proper opinion and advise and close this thread .
