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R K........ (Analyst)     09 May 2012

Require an answer on jurisdiction from expert family lawers

Suppose i lived with my wife in City A, my parents live in city B and my wife parents live in city C and marriage was solemnised in city C If a girl files an false 406/498a case and state that cruelities done to her in City A and B. Can she file a case in city C ? Before replying, please refer this link on historic Juridiction judgements https://tinyurl.com/2mbsxz https://tinyurl.com/yo2bh7 I think a case cannot be filed in a city where no cruelity has been claimed. What's your opinion ?


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 4 Replies

Saurabh..V (Law Consultant)     09 May 2012

@Author

 

Your query answered in below post/thread:

 

https://www.lawyersclubindia.com/forum/Where-can-wife-complain-for-dowry-and-dv--57348.asp

 

//peace

/Saurabh..V

R K........ (Analyst)     09 May 2012

Dear Mr. Saurabh

Please confirm, if the marriage has taken place in city C but no cruelity has ever taken place there.. Then as per Jurisdiction can a case be lodged in city C and can other party tranfer this case to city A or B on the grounds that no cruelity has taken place in city C

Please reply ?

Saurabh..V (Law Consultant)     09 May 2012

@Author

 

If marriage has taken place in city C but no cruelity has been alleged in this city then there is no jurisdiction of any apolice station in that city. However there is a process of 'Zero FIR' which gives powers to the SHO to lodge the FIR without jurisdiction but then it is his lawful duty to transfer the case to correct police station.

 

The case can be transferred to correct area of jurisdiction to City-A or City-B only if allegations pertain to creulity in any of these cities.

 

//peace

/Saurabh..V

R K........ (Analyst)     10 May 2012

Dear Saurabh,

I have spoken to some lawyers, they are saying it can also be filed where the girl is staying. unfortunately the jurisdiction is made liberal for estranged wives

Do you have any example of any such kind of case which can answer my question ?


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