Jurisdiction for filing complaint u/c 498a

This query is : Resolved 

08 October 2012

My wife has left at her own with my 09 years old son, and now stays with her parents in UP.I belong to West Bengal.She has taken away good amount of ornaments and cash.Now she is insisting over phone to agree for mutual divorce else she would file criminal complaints u/s 498A/DVAct etc.She has extra marital affair and plan to marry the lover.I do not desire to take any measure against her as I find no point of returning to married life with her as she is very adamant and she would do what she has decided.My in-laws are putting severe pressure on her and on me to somehow lead life as usual but she is adamant and I also feel there is no point.Now the question is, I am not allowed by her parents for mutual divorce and she is adamant for it and is insisting to come to her parental home where she would file divorce at local district court.Side by side she threatns for false penal complaint if I delay coming there.I am in a fix as what to do?My family is ready for divorce without any complaint to her.But her family is not.

I request you to tell me:
(01) where the mutual divorce petetion can be filed, at her parental place, at my residence place.
(02) If she does not agree to come to my place then is it possible for me to sign and send her pre-signed petition from my place for filing it there to her satisfaction.
(03) Where she can file criminal complaints against me/us...at her parental home PS or only at my place of residence jurisdiction PS.
(04) what protection should I take beforehand to avoid any arrests or likely undesireable action by her.

How should I resolve the Issue?

ajay sethiOnline (Expert)
08 October 2012

agree for mutual divorce petition . it cna be filed at her parent s place or where you are staying.

youu will have to go to court to sign the papers .

she cna file complaint at her parents place where she is presently residing .

only after FIR is filed should you apply for AB

Advocate Suneel MoudgilOnline (Expert)
08 October 2012

1. Mutual divorce petition can b filed at her parental place or your resident place,
2. both of your presence is necessary for filling the petition as well as on date of hearing.
3. she can and will file 498a or dv or any other complaint at her parental place.
4. after FIR apply for anticipatory bail, although before her you can go for RCR.

but best is mutual divorce

MohammedRaffiq Bijapur (Expert)
08 October 2012

I too agree with Suneel

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