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Mayank Sharma   29 July 2018

cases filled by wife

Dear advocates,

my so called wife filles domestic violence against me in ahmedabad (her home town) court

now she apply 498 in rajasthan kota (my home town) district

is it possible that she have right to filles cases in 2 different judicial area at same time ?


Learning

 8 Replies

Adv Deepak Joshi +917017821512 (Advocate)     29 July 2018

There is no bar to this as such.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     29 July 2018

Sir, 

 

That will all depend on the allegations she will make in her cases ... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

Advocate Supreme Court of India 

Kumar Doab (FIN)     01 August 2018

GO thru;

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

27. Jurisdiction

Kumar Doab (FIN)     01 August 2018

Also

Bombay High Court

Ravindra Haribhau Karmarkar vs Mrs. Shaila Ravindra Karmarkar ... on 17 July, 1991

Equivalent citations: 1992 CriLJ 1845

Bench: B Wahane

Kumar Doab (FIN)     01 August 2018

Various helpgroups help by FAQ 

e.g;

498a.org

Understand from them/their LOCAL volunteer, seasoned PIP's

Also go thru

Supreme Court of India

Ashish Dixit & Ors vs State Of U.P. & Anr on 7 January, 2013

Author: .......................J.

Bench: H.L. Dattu, Chandramauli Kr. Prasad

Kumar Doab (FIN)     01 August 2018

Rajasthan High Court

Deepak Kumar Aswani vs State Of Rajasthan Through P P on 9 September, 2011

 

“During pendency of the Criminal Case no.242/2009 titled as Smt. Deepa  v.  Deepak Kumar & others, the petitioner filed an application under Section 27 of the Act stating therein that so as to create jurisdiction of the Court at Ajmer, the complainant wife filed fictitious address of Ajmer

.

 

…..The Legislature in its wisdom has, while enacting this beneficial legislation, which has been brought into effect for the convenience of the aggrieved women, has provided Section 27, which gives jurisdiction to entertain the

- 4 -

complaints of aggrieved women filed under this Act, even if they reside within its jurisdiction temporarily. Learned Appellate Court has arrived at a conclusion and rightly so, that there is nothing on record to show that Judicial Magistrate at Ajmer had no jurisdiction to entertain the complaint. Admittedly, the petitioner also belongs to Ajmer district and if at all the non petitioner had to harass him, she, instead of filing the complaint at Ajmer, could have filed at Gujarat also. Since the petitioner is also a resident of Ajmer district, therefore, it cannot be said that any inconvenience is caused to him. Learned trial court as also the learned appellate court has discussed all the aspects of the matter.

Kumar Doab (FIN)     01 August 2018

If there is NO domestic relationship the complaint under DV Act is not maintainable.

 Punjab-Haryana High Court

Amit Agarwal And Ors vs Sanjay Aggarwal And Ors on 31 May, 2016

 

Also go thru;

Supreme Court of India

K. Srinivas vs K. Sunita on 19 November, 2014

Bench: Vikramajit Sen, Prafulla C. Pant

 

Bombay High Court

Shri. Mangesh Balkrushna Bhoir vs Sau. Leena Mangesh Bhoir on 23 December, 2015

Bench: R.D. Dhanuka

Kumar Doab (FIN)     01 August 2018

Discuss in person your own very able senior LOCAL counsel of unshakable repute and integrity specializing Family matters  and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Family/ civil courts, HC……

Or take help of mediators and identify the interest (hidden) of spouse and negotiate and close the matter.


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