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pravatkumarbehera   16 June 2017

Jurisdiction

Criminal case filed by me in alandur magistate court rejected because of jurisdiction issue. Anyone have any judgement that case need to file at that place where is the wife. Background I got married to my wife at Cuttack, odisa. Now my wife stay in Kilkattalai Chennai. Case filed by me in Alandur migistate court rejected because of jurisdiction issue. Anyone have any judgement that case need to file at that place where is the wife. Kilkattalai comes under Alandur magistate court.She got married to another per person without taking divorce from me. That person belongs to Pochampalli, krishnagiri . Last time I stayed with my wife at Pune . Now the question is where to file the case.


Learning

 2 Replies

Ms.Usha Kapoor (CEO)     16 June 2017

If she agrees go for Lok Adalat(People's Court) which is attached to district court if both of you attend yoy will be divorced within 1/2 an hour/ Its decree is  equal to a civil court decree and binding on both the parties. Lok Adaklat's are constituted under Legal services Authorities Act and would dispose of cases in an expeditious manner. Or go for MCD  which takes 1 month and now both of you have come to a point of no return in first motion itself ther court  might grant divorce instead of 6 months.You analyse the reasons as to why your marriage has failed and if you marry another person don't commit the same mistakes.

Rohit Krishan Naagpal (Advocate)     18 June 2017

Mr Querist 

Jurisdiction in criminal law is decided on basis of Section 177 till 189 Cr.P.C and out of which majoirty can be decided by follwoing sections  which are reproduced below :-

Section 177 Every offence shall ordinarily be inquired inland tried by a Court within whose local jurisdiction it was committed.

Section 178 :-

 

You are advised to check from above where your compliant is maiantainable !

 

REgards 

Rohit Krishan Naagpal 

  • When it is uncertain in which of several local areas an offence was committed, or

  • where an offence is committed partly in one local area and partly in another, or

  • where an offence is a continuing one, and continues to be committed in more local areas than one, or

  • where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

  • 178When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.


 


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