Sec 9 rcr, sec-13, 498a and domestic violence
Querist :
Anonymous
(Querist) 02 December 2017
This query is : Resolved
I GOT MARRIED ON 17/7/2013 AT GWALIOR. LAST RESIDED AT GWALIOR. PRESENTLY, BOTH ARE WORKING IN GOVT. JOB. THE CASE DETAILS ARE AS FOLLOWS:-
1) SHE HAS GIVEN CONSENT AT SP OFFICE TO SEEK DIVORCE IN APR 2015.
2) SHE HAS FILED DOMESTIC VIOLENCE CASE AND ASKED RELIEF U/S 18 PROTECTION ORDER AND RETURNING OF HER BELONGINGS.
3) I FILED SEC 9 RCR IN MAY 2015 IN WHICH SHE HAS REFUSED TO ACCEPT THE NOTICE AND FINALLY NOT GIVEN PRESENCE.
4) WITH RCR PENDING, I FILED DIVORCE CASE ON 24/8/2015 ON CRUELTY AND DESERTION GROUND SINCE WE ARE STAYING AWAY FOR MORE THAN TWO YEARS.
5) SHE HAS FILED CPC RULE 7 ORDER 11 APPLICATION WHICH WAS DISMISSED AND SUBSEQUENTLY, I WITHDRAWN MY RCR.
6) AFTER ALMOST 16 MONTHS, SHE HAS FILED RCR IN BHOPAL AND AFTER THAT SHE HAS FILED 498A CASE AGAINST ME.
MY QUERY IS THAT;
A) CAN SHE FILE RCR AT BHOPAL SINCE WE NEVER MARRIED AT BHOPAL, NEITHER LAST RESIDED TOGETHER AT BHOPAL BUT PRESENTLY WE ARE WORKING AND POSTED AT GOVT. JOB AT BHOPAL.
B) IS 498A MAINTAINABLE SINCE SHE HAS FILED RCR PRIOR TO 498A AND AFTER THE DV CASE.
C) SHE HAS ADMITTED THE LAST RESIDED PLACE i.e GWALIOR IN HER REPLY STATEMENT AGAINST MY SEC-13 PETITION AND NOW SHE IS FILING RCR AT BHOPAL.
KINDLY REPLY.
Vijay Raj Mahajan
(Expert) 02 December 2017
A. YES. Section 19 (iiia) of the Hindu Marriage Act,1955 provides Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction :- in case the wife is the petitioner, where she is residing on the date of presentation of the petition.
B. YES. All the three matters independent of each other S498A is criminal complaint for cruelty, which is Police/state case being cognisable in nature , RCR is resumption of conjugal relationship with deserted spouse for seeking decree of RCR that can be used for dissolution of marriage at later stage, DV complaint is for seeking protection order against the husband who indulge in acts of domestic violence and for claiming maintenance and place of residence from the husband, all these three can go together at different courts unless any of these get stayed by the higher court.
C. YES. So what if she admitted the last place of residence was in Gwalior, filling new RCR petition in Bhopal not bared just because of this admission.
