Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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dhruv (other)     31 October 2013

Dv case cannot be filed in a place where no offence alleged?

I had read somewhere that there is a judgement that Domestic violence case CANNOT be filed in a jurisdiction where no offence has been alleged.

There is a judgement like that, Can the experts please quote that judgement??????? Need it desperately.



Learning

 10 Replies

Shantanu Wavhal (Worker)     01 November 2013

can be filed where wife resides

dhruv (other)     01 November 2013

Wife started residing (actually does not reside but just shows a residence proof of rent) there after all alleged incidents and separation.

Shantanu Wavhal (Worker)     01 November 2013

understand the difference between 498a jurisdiction & DV jurisdiction


(Guest)

Can be filed anywhere. It may not stand looking at jurisdictions and all, but it can be filed anywhere.

Manoj Kumar Jain (abc)     01 November 2013

Under the provisions of DV Act, wife cant file case where she resides temporily or permamnent. 

dhruv (other)     02 November 2013

She can file but she cannot, but it will not stand in court !!! right?
 Would be grateful if you cite different judgements regarding the same.

What is the difference between DV jurisdiction and 498a jurisdiction?


(Guest)
Originally posted by : dhruv

She can file but she cannot, but it will not stand in court !!! right?
 Would be grateful if you cite different judgements regarding the same.

What is the difference between DV jurisdiction and 498a jurisdiction?

Different judgments you can get it from the forum itself just try the search option on the right hand side top corner of this page.


But let me inform you this, all such judgements will be useful only in the respective level, for eg if you approach HC then a HC judgment is useful, in lower courts like magistrate court such judgments use will be not useful at all, as there in magistrate court judge will make use of discretionary power of his and wont listen or read into such judgments.

ashoksrivastava (scientist)     02 November 2013

 

Originally posted by : dhruv



I had read somewhere that there is a judgement that Domestic violence case CANNOT be filed in a jurisdiction where no offence has been alleged.

There is a judgement like that, Can the experts please quote that judgement??????? Need it desperately.

@Dhruv bareact is very clear on jurisdiction in PWDVA2005. no further judgement needed on the subject

regards ASHOK

"27. 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 this Act shall be enforceable throughout India"
 

 

Vivek (manager)     03 November 2013

It is good that wife file case in her own place, in one sense. Reasoning, if she is the culprit, all her well wishers, good people will know her deeds.

Samir N (General Queries) (Business)     03 November 2013

I like ashoksrivastava's answer. You do not need any other opinion or judgment.


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