Clarification on jurisdiction

you have to go to delhi, but can file counter cases at your place.

read it again.

you are high on ego and hence these problems.

Dear feather in a cap(Sorry!! your goodname unknown)

Your so called wife purposefully chose to file the Case u/s. 498A at Delhi. Jursidiction wise its proper. Case u/s. 498A may be filed in a juirisdiction where the parental house of the victim(so called) is situated.   

Regarding your 2nd and 3rd query an appliaction u/s. 406 Cr.P.C may be preferred before the Supreme Court for transfer of the matter but an order favouring such transfer is very very unlikely.

One thing more...I do understand that you are not high on your EGO...its a pain felt by the 1 who undergoes the tormentation.

Regards

Arindam Chatterjee 

Feather in a cap kindly go through section 177, 178 &179 of the code of criminal procedure, 1973, these sections are pertaining to territorial jurisdiction and will provide you some insight on the matter in hand, however the primary thing to be considered is the averments, where does the woman allege that cruelty took place is of quite some importance, equally important is the cause of action as alleged by your wife, these 2 things will decide territorial jurisdiction of such matter. The specific answer to your query will depend on these 2.

The response to your second query is that you can apply for transfer before the Hon'ble S.C. via trasnfer petition as the proposed transfer is between a U.T. and a State however in all probability it might go against you as the Court usually seeks for the convenience of the females and not the other way around, another approach is going before the Hon'ble Delhi HC and contest the jurisdictional issue there alongwith quashing of FIR etc as the case may be.

Thnx Arindam. You got it right!

Hi Rajiv. Ur vision is right. DV is already pipelined and the date is in May 2012 :-)

The behavious of advocated while appearing from the women's side is often quite predictable however it reflects upon the petty state of affairs we have on our hands at the moment, the dv act is being used mostly as a weapon to harass the male side and his family members etc. We need some serious thought from the legislature and some strict judgments wherein if the allegations are found  to be frivolous in such complaints then such guilty party who is abusing the process of law should be penalized with costs, exemplary costs to be precise.

However i would suggest that Feather in a cap you better start thinking about a divorce suit soon or pretty soon you might find yourself running to Delhi for 3 cases and not 2.

Isnt there an edit feture to edit the posts? I made 2 spelling mistakes up there in the first 4 words of my post:-  behavios- behaviour and advocated- advocates

Dear Author,

You have to go through the complaint/FIR/the statments given by the witnesses.

In the complaint, she and others will be describing a story, what has happened, when it has happened and WHERE it has happened. IN case of transfer petitions - THE  "WHERE"  IS MOST IMPORTANT

The place where the alleged offence has happened determines the jurisdiction. Even if one of the offences has happened in Dehradun, the local court has the jurisdiction to try the case in Dehradun. Similarly, of the offences alleged are in Delhi, then the delhi court also has the jurisdiction to try the case.

FORGET ABOUT THE FACT THAT THE JUDICIARY IS IN FAVOR OF THE WIFE. IF YOU PRESENT YOUR CASE RIGHT, AND YOU HAVE VALID POINTS..YOU WILL WIN..

You can seek transfer in the SC  - you have to talk to a good lawyer and file the case in the SC - the points you need to mention should be very very pin pointed and good - the case may be transferred to dehradun.

Also go through the website www.indiankanoon.com and search for judgements based on jurisdiction.

Best of Luck

Vikram