494 - jurisdiction - for 2nd husband (aggrieved person)

Shantanu Wavhal (Querist) 19 August 2012 This query is : Resolved
Should I file IPC 494 in the district where my marriage was solemnized ?

or

can I file 494 at the District where I am residing permanently ?

the place of marriage is in different district & is 100 km. away from my home-town.

facts :
I am the husband.
my wife was married earlier.
she married me w/o taking divorce decree from her 1st husband (who is alive). They prepared Registered divorce deed only.

The Code of Criminal Procedure, 1973 (CrPc)

182. Offences committed by letters, etc.

(1) Any offence which includes cheating deception .......

(2) Any offence punishable under section 495 or section 494 of the Indian Penal Code (45 of 1860) may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage 1[or the wife by first marriage has taken up permanent residence after the commission of offence].

1. Ins. by Act 45 of 1978, sec 15 (w.e.f. 18-12-1978).

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Sudhir Kumar, Advocate (Expert) 20 August 2012
You have seen CrPC. You know the answer.

Devajyoti Barman (Expert) 20 August 2012
Section is quite self-explnatory. Where is your doubt?

Shantanu Wavhal (Querist) 20 August 2012
my adv. told me that i have to file 494 where marriage solemnized (not at the town of my residence.) and we did the same.

this place is 100 kms from my town.

what is the remedy now ?
1) withdraw the complaint & file new at my town.
2) application for transfer ?

kindly guide.

Santosh Goswami,Advocate (Expert) 21 August 2012
If your wife has stayed with you where u r living right now, you can file there. Withdraw it and file again.