New idea for jurisdiction
Umesh Pandurang Jadhav
(Querist) 23 December 2018
This query is : Resolved
My short summary (I married in osmanabad as per hindu rituals and we both started residing in pune, Further my wife left my residing house went to osmanabad to her parents home ,and declared on election affidavit that she is unmarried on nomination paper,Then I filed IPC 415 and IPC 417 against my wife in pune court ) My case is running in Pune criminal court , then Judge framed charge, Now Judge wrote this information as below: I have passed an order of framing charge u/s 417 of IPC against accused (My wife) today. While framing charge ,it appears that allegation are of comission of crime at Osmanabad .Complainant deposed at Exh.19 that accused has mentioned false information while appearing in Nagar Parishad election.On the basis of these allegation he says that he and government office has been cheated .Complainant resides in juridiction of this court (Pune). Therefore the private complaint case was inistituted in this court,However the cause of action appears to have occur at osmanabad,place where accused had allegled submitted false declaration regarding her marital status.I am therefore of this prima-facie view that this court does not have jurisdiction to try this cases ,So I am not framing the charge against accused . Complainant is directed to convience this court regarding Jurisdiction...
Possible to convince court in this way..
That: -
Accused took jewelry & left residing home by not informing husband (pune)
Before leaving marital home husband has her forensic electronic evidence of accused in which she say "I married only for your money & property " I won't allow to consumate " I will not touch you and I will not leave you. But i will torture you ( husband.)
Then she left home and make a crime in osmanabad (she tells she is unmarried ) Further she return back to pune start residing another place and filled W. S against husband in family court.
So here husband is being cheated by wife & last residing place was pune.... So jurisdiction won't be pune.
Dr J C Vashista
(Expert) 24 December 2018
Many issues have been involved in your query.
Consult your lawyer or any other local prudent lawyer for better appreciation of facts, documents, advise and guide/ proceed.
