Deal All,
Please help me on below details -
1) The RCR u/9 of HMA filed at Gurgaon family court. Which was compromised and withdrawn due to oath in written given by the wife that she would her in laws and would stay with the petitioner wherere he would reside.
2) The petitioner husband has left the job to take care of his wife and child to go to the place where wife was working in Akola , maharashtra and he was intended to do the job there or into business.
3) For some days he went to his parmanent address in Nanded Maharashtra to bring some household items. But the egoistic wife's parents have thretended the husband to kill him and warned to not come to akola.
4) Husband has tried to maintain loyal relationship. He had sent legal notice off which no answer has been received by him from wife. Then he sent application to his charity/ community society president letter. Where the wife told that she is ready to stay but not coming to reside in Nanded where is husband resides.
5) So that to check about his home the husband came to Akola, maharashtra and found that the wife had took away all the articles, jwellaries, cloths, etc. all home item from where the couple last resided together and wife has informed about his fake documents of date of birth , degree and others..as she was having illicit relationship with other she moved all articles illegally with her x-lover to some where else.
6) The husband had filed an application U/s 156(3) 420 and 506 in court of Akola. and the lower court has issued the process against the wife.
7) The wife had submitted the revision application mentioning that there is no jurisdiction of akola to entertain the case as husband doesn't reside there now. How he would reside when all the articles have been illegally removed by her from Akola. Also the circumstances / fact was after compromise in gurgaon family court the wife had taken away all articles from akola only and it was mentioned on the RCR judgement that she would reside where the husband will stay that fact also not maintained by her in akola.
8) wife's parents had paid some amount to the home owner in akola to not give any written statement to the husband about illegal removal of property/ all articles by her.Husband has call recording of the home owner in which they had clearly said that the wife had taken away all the articles, documents., etc. and shifted somewhere.
9) The district court is saying that to quash the order however the circumstances are happened in akola only on jurisdiction points. Does court couldn't use his inheritant powers on this because of the circumstances are in akola only and vacate the stay of issued process against the wife u/s 420, 506.
Please help me out with any citation or advise.
