galsober@yahoo.co.in (def) 18 September 2010

jurisdiction clause!

Marriage solemnized at girl’s city. Couple last resided at boy’s city. Boy wants to submit divorce case (cruelty ground) but fears that girl will try to pull the case at her parents city so that he may be harassed travelling to far away place. In such a case, what are the guidelines about jurisdiction of divorce case/DV case/Sec126? If girl goes for 498a/406 (which such girls definitely do); does she have free will to submit application at parent’s place? Does any law about jurisdiction applies to these police complaints also?

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Democratic Indian (n/a) 18 September 2010

489A is a cognizable offense. FIR can be lodged in any police station. Section 156 of the Criminal Procedure Code empowers the police officer to investigate any cognizable offence. If the investigating officer arrives at the conclusion that the crime was not committed within the territorial jurisdiction of the police station, then FIR can be forwarded to the police station having jurisdiction over the area in which the crime is committed.