Intern (Intern) 15 March 2013

Court jurisdictions

Query in short..requested to reply as what law says about jurisdiction
Husband and wife were living in Bhopal after marriage. After all blunders and fight wife came to her parental home in Delhi and flied package of cases 498a 406 34 DV-125 etc.
The allegations which she has put in FIR are all based out of Bhopal where the couple was staying...in layman she has alleged that she was beaten in Bhopal...dowry demand was also done in Bhopal and all sh*t which is written in FIR pertains to Bhopal not Delhi
My query stands when all allegations are pertaining to Bhopal....can the husband Can approach court to change the case jurisdiction to Bhopal local court??
And if yes whats the procedure??

Also if anyone can suggest any resonable laywer to file this transfer petition in court

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1 Replies

rajiv ranjan (abcd) 15 March 2013

Sir,

Please read section 181(4) crpc in relation with criminal breach of trust i.e. IPC 406. After a conjoint reading of the said sections you would realise that the court in Delhi also have the jurisdiction to deal with this case with respect to IPC 406 [read - Jitender & others vs. State of Haryana & another, Criminal Misc. No. M-11597 of 2009 (P&H HC) and Kaushal Kumar Gupta vs. Mala Gupta (SC) 2011] . The case will not be transferred to Bhopal. Even for 498a, the latest judgement from Supreme Court [Sunita Kumari Kashyap vs. State of Bihar & another (SC) 2011] will reveal that 498a (mental cruelty & not physical cruelty) is continuous and so even for 498a also Delhi courts have the jurisdiction to try this case. Prepare yourself mentally to fight the case in Delhi. You can go for quash of the FIR based on jurisdiction ground to the HC but chances of getting any relief are non existent based on the above judgements. At the most the court can order for mediation.

Regards.