Jurisdiction
Shweta
(Querist) 20 October 2009
This query is : Resolved
A marriage is solemnised in Haryana and after marriage wife lived in her matrimonial home in Haryana. There she was mentally and physically harassed for seek of dowry and compelled to come back to her parental home at Delhi. Can anyone explain whether a wife can register a case in Delhi under section 498A of IPC .How jurisdiction is determined in case of sections given in IPC/ criminal activities?
adv. rajeev ( rajoo )
(Expert) 20 October 2009
She can filethe case at Delhi.
Sometimes what happens married woman will not be in a possession to file a case in the place where such offence is committed becasue no body will be their to support and help her in such cases moreover she will be with her husband.
She has to take this contention while filing the complaint.
Raj Kumar Makkad
(Expert) 20 October 2009
Though in a reported case Apex Court has held that in all criminal cases, the place where the crime had occurred is the best place to agitate but in matrimonial disputes like in the given quarry, this condition has not been imposed so she can file in her matrimonial house city also.
Sachin Bhatia
(Expert) 20 October 2009
Jurisdiction Of The Criminal Courts In Inquiries And Trials
Crpc Sec 177.Ordinary place of inquiry and trial.- Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
178.Place of inquiry or trial.- (a) When it is uncertain in which of several local areas an offence was committed, or
(b) where an offence is committed partly in one local area and partly in another, or
(c) where an offence is a continuing one, and continues to be committed in more local areas than one, or
(d) where it consists of several acts done in different local areas.
it may be inquired into or tried by a Court having jurisdiction over any of such local areas.
179.Offence triable where act is done or consequence ensues.- When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.
180.Place of trial where act is an offence by reason of relation to other offence.- When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done.
181.Place of trial in case of certain offences.- (1) Any offence of being a thug, or murder committed by a thug , of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.
(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.
(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property.
(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.
(5) Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.
182.Offences committed by letters, etc.- (1) Any offence which includes cheating may, if the deception is practiced by means of letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such letters or messages were sent or were received; and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property was delivered by the person deceived or was received by the accused person.
(2) Any offence punishable under section 494 or section 495 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.
183.Offence committed on journey or voyage.- When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage.
184.Place of trial for offences triable together.- Where-
(a) the offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of section 219, section 220 or section 221, or
(b) the offence or offences committed by several persons are such that they may be charged with and tried together by virtue of the provisions of section 223, the offences may be inquired into or tried by any Court competent to inquire into or try and of the offences.
Sachin Bhatia
(Expert) 20 October 2009
Crpc. Sec 178.Place of inquiry or trial.-
(c) where an offence is a continuing one, and continues to be committed in more local areas than one.
In your case you are mentally harassed even at parental home at Delhi, so you can file case in Delhi.
A V Vishal
(Expert) 20 October 2009
In Case Of Matrimonial Diapute: Where a dispute arises between Husband and wife inregard to their marital life then the case may be filed either:
- In the place where marriage was solemnized, or ;
- In the place, where opposite party is residing, or;
- In the place, where Husband and Wife last resided together, or;
- In the place, where person filing the case is residing, provided that.
Opposite party has not been heard of as alive for the last Seven years, or
Opposite party resides outside the jurisdiction of Hindu Marriage Act 1955.
Sukhija
(Expert) 20 October 2009
Demand of dowry from her parents, i.e. Delhi. Yherefore she can file her complaint in Delhi also
joyce
(Expert) 20 October 2009
Agree with all the above experts, well in detail bookish - explaination by sachin.
Advocate SK Rohilla New Delhi
(Expert) 20 October 2009
Where a cause of action arose at one place and its consequenses ensue at diffrent place then case may be tried and investigated at a place where consequenses has been ensued.
Therefore, the court in Delhi has exlusive jurisdiction to take cognigence
V.T.Venkataram
(Expert) 20 October 2009
As no part of Cause of Action arose in Delhi, Dehi courts have no jurisdiction to entertain any case in this matter.
Please refer to the following citations :-
1.I(2004) 8 SCC 100
2 2008 Crl.L.J. 3494
3 (1998) 8 SCC 728
4 2005(3) ALT (Crl.) 15 (AP)
Guest
(Expert) 21 October 2009
In Rajaram Venkatesh v. State of A.P.,1993 CrLJ707 (AP) Where the complaint by the aggreived wife regarding ill-tratment by husband and in laws was filed at a place where she was residing with her mother and the act subjecting her to cruelty occured at some other place , it was held that the magistrate at that place had no jurisdiction to take coznizance of the offence under Sec.498A. However in Vijay Ratan Sharma v. St. of U.P. it was held a wife maltreated for dowry was sent back to her father where she became ill becose of shock . the court having jurisdiction at the place was held competent to entertain a complaint both u/Sec.498A IN RESPECT OF CRUELTY AND ALSO u/Sec.181(4) of CrPc.
