dowry case

Querist : Anonymous (Querist) 18 February 2010 This query is : Resolved
my younger sister was married in 2009,18 april. but my sisters husband sent her back to our parents home in august2009 by telling some falsy office reasons. & now in december 2009 we called him then he refused to accept my sister & did the complaint in police station at his place against my sister that she is not staying with him
now due to this fraud situation, can my sister file a case from our home town?

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Arvind Singh Chauhan (Expert) 18 February 2010
Case under DV act would be best remedy for your sister explaining the reasons why she is unable to live with her husband.

Parveen Kr. Aggarwal (Expert) 18 February 2010
Yes. Your sister may initiate litigation from your hometown.

Section 31 of the Domestic Violence Act
"31. Jurisdiction.-(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which-

(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or

(b) the respondent resides or carries on business or is employed; or

(c) the cause of action has arisen,shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.

(2) Any order made under this Act shall be enforceable throughout India."

Section 126 of the Code of Criminal Procedure 1973

"(1) Proceedings under section 125 may be taken against any person in any district-

(a) Where he is, or

(b) Where he or his wife resides, or

(c) Where he last resided with his wife, or as the case may be, with the mother of the illegitimate child."