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Shafiullah (Consultant)     05 December 2013

Can file dowry case in another state?

Hi Experts,


I got married in UP and got the marriage certificate in Mumbai by showing place of wedding as Mumbai.We have been staying in Mumbai along with my parent.

My wife started disputing with my parent and demanding to stay seperately. My father is kidney patient and require dialysis twice a week hence I have to take care of him and I can't stay away till he is alive.

Now my query is..

--> Can my wife file the dowry and harassment case in UP ?

--> What are the grounds on which I can get the case transffered to Mumbai?

--> What preparation I need to do to get my self and parent away from jail?

--> Any other suggestions?



Learning

 1 Replies

fighting back (exec)     06 December 2013

y wife started disputing with my parent and demanding to stay seperately. My father is kidney patient and require dialysis twice a week hence I have to take care of him and I can't stay away till he is alive.

Now my query is..

--> Can my wife file the dowry and harassment case in UP ?

 

yes she can very well file, creating false evidences to show that you took dowry in UP, or you came to their place and demanded dowry, threatened them, collected money, etc etc, false witnessses. it is very easy to file a dowry case where the woman presently resides, though the law says that jurisdiction for dowry offence is the place where the incident takes place. but false case can be filed, which you can challenge in the court for jurisdiction issues

 

--> What are the grounds on which I can get the case transffered to Mumbai?

since this involves two states, you will have to approach the supreme court for transfer of case, your grounds need to placed properly including your father health, your wife's present status, if she is sitting idle at home. and you can offer her travelling expenses for the same to travel to mumbai

 

--> What preparation I need to do to get my self and parent away from jail?

are you being threatened with false cases from your wife? which are the present cases you are facing? are you just assuming? you cannot prempt any cases, but as a matter of precaution, you can approach the nearest police station in your area and the womens protection branch of mumbai police, submitt an application of fear of false case by your wife, which will help you. 

 

 

--> Any other suggestions?

have many suggestions,  but you need to elaborate on your story, you have just given one side of the story

 

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