Alok Motan (Advocate) 30 January 2010

Section 9 HMA

Hello all

Pls. advice me if it is necessary to send a legal notice before filing a petition U/Section 9 HMA.

Pls. also advice me in a case where - Wife has filed a case U/s 12 DV Act & 125 CRPC in some other state where her parents resides, but the place of marriage & matrimonial home/ last place where couple resided togther / where the cause of action arose as alledged is a different one. Is it maintainable?? from Jurisdiction point of view site me some Judgement in my favour. I am from Husband's side... Rgds.

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Parveen Kr. Aggarwal (Advocate) 30 January 2010

There is no necessity of serving notice before filing a petition under section 9 of the Hindu Marriage Act.

Petition under section 125 of the Cr. P. C. may be filed at the place where the petitioner resides. [Section 126(1)(b)].

Similarly, a complaint under Domestic Violence Act may also be filed at the place of residence(permanent or temporary) of the aggrieved person. [Section 31(1)(a)]