Section 498a and dv act
Jitesh Babel
(Querist) 21 January 2017
This query is : Resolved
Marriage in 2015 after meeting online matrimonial website
Registration not done till date.
Boy from Jaipur
Girl from Bhopal
Marriage took place in Jaipur
Lived in Jaipur after living in Delhi for few months
Girl left for parents house in 2016.
Can she file Sec 498A case /DV act case
1) In Bhopal - her parents home
2) In Jaipur - marriage place and last residence.
3) Any other place
4) Both the places.
Point is whether she will have to come to Jaipur for filing dowry and DV case. And whether case will be heard by courts in Bhopal or in Jaipur
Guest
(Expert) 21 January 2017
Case could be file at her Present Place of Living that is with her Parents In Bhopal it self
Guest
(Expert) 21 January 2017
Better to file the Case Immediately before the Other side could go to Court basing some Reasons In Jaipur'
Guest
(Expert) 21 January 2017
Even if they /the Other Side had filed any Case in Jaipur the Transfer Petition could be filed in Concerned High Court and Presence of Parties will not be required.
Guest
(Expert) 21 January 2017
Better implement at the Earliest.
Rajendra K Goyal
(Expert) 21 January 2017
How are you concerned / related with the query?
Looks like examination question / moot court problem.
Sudhir Kumar, Advocate
(Expert) 22 January 2017
1) In Bhopal - her parents home
YES
2) In Jaipur - marriage place and last residence.
YES
3) Any other place
ES AT THE PLACE WHERE THE COUPLE RESIDED TOGETHER LAST
4) Both the places.
NO
Guest
(Expert) 22 January 2017
Some one who is very particular about the details of the Querist/Author should Explain why they are interested in all this.
Guest
(Expert) 22 January 2017
Why they should be So inquisitive about all this.What would be the Reply of that Person if the Querist/Author repeats the Same Question.And that Person had not even Posted any details about himself in hisd Profile.
Guest
(Expert) 22 January 2017
If they are interested in contacting the Querist to take them up as their Client they could openly Post their Proposal and Nothing wrong in it.
Guest
(Expert) 22 January 2017
Any Querist /Author who Post their Query Need not be directly connected/Related/involved in the Query.They could Post on behalf of their Relative/Friends/Neighbour/well wisher also and Nothing to be Objected .Even Learned Advocates Post here for Clarification.
Guest
(Expert) 22 January 2017
There is a Saying that "Your Customer is your Boss".Here atleast we should treat the Querists/Authors with courtesy and humanity and not to ill treat or humiliate them If some one is Not interested in Posting a Reply they could very well ignore the Thread than insulting the Querist/Authors.
Sudhir Kumar, Advocate
(Expert) 22 January 2017
"Your Customer is your Boss"
querists are not customers on this forum.
Guest
(Expert) 22 January 2017
A Client is Equivalent to Customer.It is Not Said that Querist are Customers in my Statement Better Read my Posting with Patience than Posting meaningless with out Reading My Post Completely Only with the Intention of Contradicting Me.
Guest
(Expert) 22 January 2017
I had Only Requested the Concerned Child Appearance Person Not to Insult the Querist/Author.If he has a Reply Let him Post Or Let him Just Ignore than Insulting the Querist.
Guest
(Expert) 22 January 2017
But Now I Prefer to Insist that Querist/Author is Our Honorary Client Please.
Guest
(Expert) 22 January 2017
Like how the Real Experts/Advocates( Unlike the above mentioned Child) Render Honorary Service Here.
Jitesh Babel
(Querist) 22 January 2017
I'm the boy in this case. May be it is relevant to few learned professionals.
Since dowry case is a criminal case, then is it not true that it can be filed only at place where crime occurred. So case to be filed in jaipur only as
1. Marriage took place in jaipur
2. Last residing in jaipur.
3. My parents never went to bhopal after marrige.
4. I also visited only once after 3 months of marrige and that is about 1.5 years back.
Idea is if they have to legally file in jaipur court then we will be absolved of the harassment.
Further one more query. Before leaving to bhopal, we all me, my wife, my parents, her parents went to marriage counselling to a lady marriage counsellor in jaipur.
There they said no dowry demands were made earlier and no dowry demands now also.
Can a statement from the lady doctor marrige counsellor be put forward as evidence in our favour.
Request your opinion.
Guest
(Expert) 22 January 2017
It is Not Legally mandatory to file such case only at the Lived Place in Dowry Harassments.But Police Complaint Could be made at the place of crime Occurrence only.Please Try for an Amicable Settlement With the help of Elders/Seniors Respected by both the Families
Guest
(Expert) 22 January 2017
The Wife's side could Legally Justify with Valid Reasons for filing the Cases in their Place like Safety of Life Etc.
Guest
(Expert) 22 January 2017
Talk to the Other side in a Pleasant and Peaceful manner for Reunion .If they are very adamant atleast convince them for "Mutual Consent Divorce" which could be completed in 6 month time.
Rajendra K Goyal
(Expert) 22 January 2017
You asked:
Since dowry case is a criminal case, then is it not true that it can be filed only at place where crime occurred. So case to be filed in jaipur only.
Reply:
Case can be filed at places clarified by the expert sudhir Kumar till law changed as per your arguments / version.
Rajendra K Goyal
(Expert) 22 January 2017
You asked:
Can a statement from the lady doctor marrige counsellor be put forward as evidence in our favour.
reply:
The Marriage counselor can be called to depose in your defense.
Ms.Usha Kapoor
(Expert) 23 January 2017
AGREE WIT RAJKUMAR ALIAS NARASIMHA AND
RK.GOYAL.
Dr J C Vashista
(Expert) 28 January 2017
She can file any of the case at either place of her convenience, which she should prefer at her present address.
Jitesh Babel
(Querist) 28 January 2017
Thanks to all the learned advocates for help.
Couple of more questions.
One lawyer suggested that Section 9 case may be filed in Jaipur by me for RCR. Then her parents and she will be forced to come to Jaipur and sort out the matter face to face as they are just keeping quiet.
But can this section 9 case be transferred to Bhopal by her easily? then we will be running around after them?
2) What is the minimum time period of separation which is required for filing divorce petition by mutual agreement if they agree on taking one time alimony?
Request your opinion
Dr J C Vashista
(Expert) 30 January 2017
You will have to engage and consult a Jaipuria lawyer for such (further) queries, which are expected to (bound to) fall in line with the passage of time and proceeding in case(s).
Guest
(Expert) 30 January 2017
Even if you file any case in your place an Efficient Lawyer of other side could get it Transferred by filing Transfer Petition in Concerned High Court.Completion of one year of Marriage is sufficient for approaching the Family Court.
