purnima (Business) 26 April 2009

Jurisdiction applicable for filing the case

The couple tied knot in year 2006. The couple is residing in Jammu. After a few months of marrige, the wife started fighting on petty issues and resided for long periods at her mother's house. In 2009, the girl filed a case u/s 498A under Women's Cell in the Gurdaspur district (Punjab). After counselling by the lawyers from both the sides, the couple agreed to reunite by signing a MOU. However on the date of signing the MOU, the girl & her family members abused the family members of the boy and threatened to sue them along with the married sisters of the boy under charges false allegations of Dowry. The family members of the girl have theatened to file a case in Gurdaspur. Please advise if the case filed is maintenable if the boy is residing in Jammmu?

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Guest (Guest) 26 April 2009

Yes. If the case is 498-A of IPC, as per S.177 of cr.p.c., case can be filed by showing that the offence has occured in Gurdaspur.

If the case is filed under domestic violence Act, then case can be filed in gurdaspur under S.27 of the Act. but in this case, female members cannot be made accused.

If divorce case or any other case under Hindu Marriage Act is filed, it can be filed in Gurdaspur, if the marriage was held there or both husband and wife lived there.(Section 19)