Where to file suit

Pl note that after marriage, Sita moves to Mumbai with Ram.

The marriage is covered under Hindu Marriage Act.

Pooja,

The Provisions of the Protection of Women from Domestic Violence Act, 2005 (reproduced hereunder) should clarify the doubts raised by you:

Sec.16 : -

16. Application to Magistrate.-

(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:

Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.

(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.

(3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.

(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.

(5) The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.

Section 31 (Chapter 31) Jurisdiction.

31. Jurisdiction.-(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which-

(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or

(b) the respondent resides or carries on business or is employed; or

(c) the cause of action has arisen,shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.

(2) Any order made under this Act shall be enforceable throughout India.

Thank-you Sir, for your reply.

31. Jurisdiction.-(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which-

(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or

i.e

1. The case can be filed anywhere...in Chennai or in Mumbai ...( as the woman can always take her maternal home as temporary)

2. Once the application for DV has been filed, it is immaterial whether the woman is...(the application under DV is concluding)

Pl correct me if I am wrong. 

Pooja,

After going thorought Section 31(1)(a),(b),(c) it is clear that sita can file case either at Mumbai or Chennai.

It is immaterial whethe the agrrieved person is staying with her husband or not at the time of filing of the DV Petition.

The question and answer both are brilliant !!!!! but pls spare at least sita and ram!!!!!!

You are right Mr Tripathi. We can use some other names.

Nextly the petition can be filed at Chennai or Mumbai where the couple have last resided together. No need that the wife should be with the husband at the time of filing of the case.

mr diksh*tulu !  i have no legal objection with regard to names.

By the way, had the DV Act been existant at that time,which court would have the jurisdiction if Sita while residing in srilanka, would have filed a case against her in laws ?

Wow ...!!!!!

This is getting very interesting....  :)

Experts...pl keep commenting...

It is better to file DV at Chennai. It will be more convenient for Sita to attend all hearings at Chennai.

It is not necessary to live with Ram when DV is filed.

Appreciate your views, Mr. Prabhakar...

Can a married woman who settled abroad after marriage with her husband and hence is no more a resident in India, file a suit of DV in India that occured with her abroad...??

dear pooja,

     after Dv. of ram and sita what happen with luv and kush? have you think about? put a query for them too.

Sure, Mr. Creaminall  :)

Please guide me....

I guess, it will be decided by the Court at the time when the matter is settled..

Depending upon their age...the Court will decide

If Sita gets the custody of Love n Kush.. (after divorce), she can claim maintenance for nurturing them (apart from her maintenance)

And Ram may get the same (generally if they aren't infants)

Please correct me if I m wrong...

Also..

In case Court finds Ram (and /or his parents) guilty and is sentenced with imprisonment (with/without  fine).. will Sita get Divorce on its basis or she has to file a suit separately... (as Cruelty is one of the grounds of Divorce under Hindu Marraige Act)

Also, in case Sita, is of opinion that Ram will be a better man after coming from prison, can she still choose to stay with him...

I mean will the suit for DV and divorce need to be filed separetely...??