cpc

domestic violence filed out of jurisdiction regarding


 

My wife and my self got married at bihar on 08 05 1997 thereafter she came to my parental home at chandauli on 09 05 1997.

 

after staying 3 days she went to kolkata and from kolkata i took her to mumbai in may 1997 .

 

for the period of from May'1997 to 20/11/2015 i was posted in mumbai.

 

in the mean time all of a sudden she visited kolkata in june'2015 and filed Domestic Violence case in kolkata on 30/06/2015.

 

04 /08/2015 was the 1st date of appearance of DV and on the same day after attending the court  she went to my sister house in kolkata at 3 pm which was totally pre plan with the help of police and i took  her  to police station from my sister house to avoid nuisance at my sister house but it was totally planned and on the same day police lodged 498 without informing me or my family members. My father was admitted in hospital for prostate operation for the period of from 02/08/2015 to 09/08/2015.

 

on, 10/09/2015, was the 2nd date of DV and i put reconciliation petition but the reconciliation never happened in court and my lawyer and her lawyer decided verbally that for good faith let her go to mumbai and than  i took her back to mumbai on 18/09/2015.

 

now, on  20/11/2015 i got transfer to Varanasi and she refused to visit Varanasi and continued to over stay illegally in the government quarter of Mumbai and also challenged the eviction order issued by  the dept in mumbai city civil court.

 

Mumbai city civil court during hearing took affidavit from my wife to vacate the government quarter by 30/06/2017.

 

Therefore, on 29/06/2017 , as per directoin of Mumbai court order,  my wife vacated the government quarter and went to kolkata to her parents house alongwith all the house hold items including her stridhan.

 

on 03/12/2016 in the DV case , i challenged it that the DV is not maintainable in Kolkata as she was illegally over staying in government quarter and i was staying at Varanasi for the purpose of gain.

she filed the Domesic Violence case implecating my family members out of jurisdiction before the Ld. Court , Alipore , Kolkata as the incident is happened in Mumbai not in kolkata.

my wife never visited nor was having any relations with my parents and other family members who are staying in kolkata.

 

 

please guide me this case is out of jurisdiction or not.

my appeal that ( the case is filed out of jurisdiction ) is going to be heard on 01/11/2017 regarding Domestic Violence filed by my wife in kolkata while staying in Mumbai.

please reply urgently

 
Reply   
 

It is within the jurisdiction.

 
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