Jurisdiction to file a casr-regards
sanjeev kumar
(Querist) 21 April 2013
This query is : Resolved
D/Fellows,
I live in 'A' city.My wife, who has been living separate from me since 1999,lives in 'B' city about 300km from 'A'.Four years back,when I went to city 'B' to attend the court,she falsy lodged FIR against me u/s 323/324/452.The bail was granted by HC.The FIR was dismissed by Police after investigation.She again lodged complaint in the court alleging that Police enquiry was not fair.After harassing me about two years,she closed her witness and the Judge dismiised her case due to lack of witnesses.She is a lawyer in the same court.My query is that whether the jurisdiction to file the defamation case is city 'A'.I am govt employee in city 'A'
with regards
498A suferrer
Devajyoti Barman
(Expert) 21 April 2013
No defamation case lie out of prosecution.
You can file suit for damages out of malicious prosecution.
Raj Kumar Makkad
(Expert) 23 April 2013
Suit for damages is the appropriate remedy to teach a lesson to your wife but the same shall be required to be filed in city B only.
prabhakar singh
(Expert) 23 April 2013
The jurisdiction to file the malicious prosecution case is city 'B' and not 'A' may be you are govt. servant & employed in city 'A'.
