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Where to file case for dowry prohibition act-1961 ( jurisdiction)

(Querist) 30 December 2012 This query is : Resolved 
After getting the applauded response from mens forum, it has been suggested that case of Dowry Prohibition Act-1961 to be filed u/s 3 of D P Act-1961 but only after filing of charge sheet in court in which they had admitted u/s 164 OF cRpC that they had given dowry at time of marriage( we have never stated that we have taken at time of marriage) we are on Regular bail under section 498-A/406/506/323/34/504 etc sections but the girl family has not imposed section 3-4 of DP act-1961 probably they may file the same after being acquitted reom the case
Now the query is that they have filed the case in their place of residence Small district of Hrayana and remote area and we have to go with all family members for regular hearing and alleged offences , including marriage, amatrimonail home is located at our city, Shall we file the case at our home city Delhi??
Guest (Expert) 30 December 2012
Better, hire services of some good lawyer for the purpose.
Nadeem Qureshi (Expert) 30 December 2012
Dear Raman
which type of the case you wanna file in Delhi?
feel free to call
Devajyoti Barman (Expert) 30 December 2012
You can file the case under DP Act from Delhi itself.
Raman (Querist) 30 December 2012
Thanks Mr Qureshi.Actually thsi is case of my relative brother who has been falsely implicated in cases at home town of her wife..Currently I have engaged lawyer of pataial courts (also being my friend) of mine but he is very much busy in several cases such as debt recovery, NI etc and migrated from one city to another.So under advice of brother, I will contact you if he require services of Divorce and other lItigation if he wanna to file in Delhi
Kndly provide your chamber address of delhi courts
ajay sethi (Expert) 31 December 2012
search in LCI data base for Mr Nadeem address
Raj Kumar Makkad (Expert) 02 January 2013
Why have you engaged lawyer from Punjab to defend your criminal case at Haryana? Anyway, fresh DP Act case cannot be filed by in-laws of your relative. You cannot file DP case at Delhi if the marriage had taken place at Haryana and alleged dowry had been given in that marriage.

I am deadly against the idea to file DP Act case on behalf of your relative at this stage when he along-with his family is facing the charges of 498A/406. Filing of such case on behalf of your relative shall surely strengthen the case against them. If they are ready to face punishment then they are at liberty to contact Nadeem ur any other lawyer for filing such DP case at this stage.
Raman (Querist) 15 January 2013
Raj Kumar Sir,
The marraage has taken place in Delhi and the matrimonial home also located in Delhi..Actually there are certain Judgments by Delhi High court, session court which has laid stressed that educated brides who vountarily give dowry also been booked under section 3 of D.P Act if they don't complied with rule 2 of Dowry Prohibition ( List of presents) Rules, 1985..Moreover its not disputed that we have demanded any dowry from the bride..and their exaggregated claim in FIR that they have given huge dowry at the time of marraige is not sufficent to nail down for their sinful act??
Raj Kumar Makkad (Expert) 15 January 2013
In this case, you may file it at Delhi.


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