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MohanK-700 (Architect)     23 August 2014

498a and dv filed in different cities

498a and DV filed in different cities. We stayed together in the place where DV is filed and 498a is filed in the place where she works. 

  1. Is it possible to get these cases transferred to  single court ? 
  2. Is there any motive or strategy behind filing cases at different places?
  3. Can i approach higher court for quashing citing jurisdictional limitations?
  4. She takes home more than 70k  a month and even then she is asking for monthly maintainence.:/ We stayed together briefly for 20 days and marriage took place less than a year ago?
  5. Can judge still grant maintainence  based on her  application as she is alleging cruelty and domestic violence  ? 
  6. Are there any implications if i call and try  convincing her to come back?[ not because of the cases she filed]

Apologies if my query sounds stupid. Appreciate any advice.

Thanks !



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 3 Replies

Arvind Singh Chauhan (advocate)     23 August 2014

1- 498 can be filed only where the incident or cruelty occurred. But complaint under DV Act can be filed any where, where wife is residing now days or at other places mentioned in Sec 27 DV Act.

2-There may be motive to embarrass the O.P.

3- Jurisdiction can be challanged if you have sound grounds.

4- You can contest the suit and can prove that she is earning enough and residing aprt from you without any violence and reasons.

5-Court can pass such order if think necessary.

6- There is no implications Courts always welcome such steps. MINYA BIWI RAJI TO KYA KAREGA KAJI ?

1 Like

T. Kalaiselvan, Advocate (Advocate)     27 August 2014

Is it possible to get these cases transferred to single court ? 498a is state run case, hence apply for transfer of DV case to the place where 498a is being tried. Is there any motive or strategy behind filing cases at different places? You have ask her about the motives behind filing different cases at different places, it is her choice to harass you at different level hence she is doing so, may she is under sheer misguidance hence has jumped into wreaking vengeance against you. Can i approach higher court for quashing citing jurisdictional limitations? Quash will not entertained on this ground because she is reported to work from that place. She takes home more than 70k a month and even then she is asking for monthly maintenance. Let she claim maintenance, the court will decide the maintenance issue after ascertaining the facts involved in it. If she is employed with a handsome salary, you prove it before the court with substantial evidence and rebut her claim, the court cannot find the fact unless it is established before it. We stayed together briefly for 20 days and marriage took place less than a year ago? Can judge still grant maintainence based on her application as she is alleging cruelty and domestic violence ? The above reply suits this too. Are there any implications if i call and try convincing her to come back?[ not because of the cases she filed] What implications do you anticipate?, If she is agreeing to rejoin, reconcile the matter and live together happily as happy married couple once again and try to save the sacred institution of marriage between you and her.

MohanK-700 (Architect)     28 August 2014

Thanks every one for replying to my query.

In the DVC report it was mentioned that alleged violence took place in the city where the DVC is filed. 

Since 498 is filed in a different city can i go for quash citing jurisdictional limits  showing DVC complaint in the uppper court ?

My wife has quoted astronomical(10x) salary figures in DVC application just to get more interim maintainence. How can i defend myself  withe evidence as i don't have her current  payslip and private companies does not give out information?

Appreciate any advice.


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