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AG (asf)     13 April 2012

Domestic volience jurisdiction

My wife took away my two sons to Pune (to her mother's place) from our home at Gurgaon in my absence. This happened about six months ago. It seems like she filed Domestic Volience case about 5 months ago in Pune. I want to know can she file Domestic Volience Case in Pune or it has to be in Gurgaon?



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 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 April 2012

In my opinion it should be filed at Gurgaon, because act is committed at there, but there is no specific about the jurisdiction, if she filed the case at pune you challenge it on the ground of jurisidction.  Protection officer at Pune has to file his report but his jurisdiction is restricted to pune.   So good grounds to challenge the DV case in the high court , if she filed.

Deepak Nair (lawyer)     13 April 2012

Wife has to file the case at the court having jurisdiction where the cause of action arise. If the act amounting to domestic violence has taken place in Pune, then she can file a case in Pune.

Adv. Chandrasekhar (Advocate)     13 April 2012

Section 27 of DV Act gives the jurisdiction to the wife to file the case where she permanently or temporarily resides.  It is in addition of the place, where cause of action arises.  She can file DV case at Pune.

H. S. Thukral (Lawyer)     13 April 2012

Agree with Adv. Chandu.  

Kishtaiah (Advocate)     13 April 2012

Dear AG, please respond to DVC at Pune through counsel and reconcile the difference there.  If you are positive and adjust reasonably, the case will amicably be settled with ease.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

If the wife is residing in Pune, she can file a case there.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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