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Jameela (NA)     03 December 2014

Jurisdiction of dv

I filed DV case against my husband in Mumbai in 2011. Nothing seems to happen here. Now I am planning to file DV case in UP in my native place. I got married in UP in 1993 but after 2 years I started to reside along with my husband in Mumbai and still here. Can I file the DV case in UP ? What will happen with the case filed in Mumbai ?

Please help me.



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 5 Replies

Adv. Deepak (Advocate)     03 December 2014

Resp. Mrs. Jameela,

Have you enquired about what is the stage of DV case filed in Mumbai?  You said you got married in UP.  So, yes, you can file DV case in UP.  Even if you file DV case in UP and in Mumbai simultaneously, you will get the remedies in only one court of your choice.  Remedies can be maintenance, separate residence, permission to live in matrimonial home, preventing your husband not to trouble in your matrimonial home, etc.

Jameela (NA)     03 December 2014

Thanx sir,

The case in Mumbai is in interim stage. No order has yet been passed except one order of restoration of electricity  when the other party failed to appear on time. This order was stayed after 30 minutes of passing when they appeared after 30 minutes later. The new Judge has said that in next hearing the order shall be given.  However, nothing seems to work here because of my husbands influences.

My inlaws have filed civil suit to evict me from a part of premises where I have been residing and I have filed my reply there.

As I have my relative in UP, they can help me there.

Adv. Chandrasekhar (Advocate)     04 December 2014

Mumbai courts r better than u.p. courts. Engage a good advocate n pursue the case in Mumbai itself.

Adv k . mahesh (advocate)     04 December 2014

i dont see such time in dv cases may be your husband is influenced but why so much time 

discuss with your lawyer before going to file same case in up because already here four years have passed and again you have to start from fresh if you go in UP 

if you are not satisfied by the proceedings then change him or first meet another lawyer and discuss about the case and choose 

T. Kalaiselvan, Advocate (Advocate)     08 December 2014

Filing afresh DV case in UP will be another course of fresh efforts like the one underwent in Mumbai, also since there is a case pending in Mumbai, you may not be entertained in UP for the same reliefs sought once again.  Discuss with your lawyer and decide further course of action.


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