Reena Choudhary 17 July 2018

Lawyers denying filing case at parental resident area

Hello, I was married in Chennai. And I am from Bhopal Madhya Pradesh. I want to file domestic violence , dowry case and also a case of fraudulently doing marriage with me against my husband and in laws . In Chennai police is not filing my FIR. So I thought of filing these cases at my parental area. But here also police saying they can not file case. I went to a few lawyers in bhopal, they also giving suggestion to file FIR in Chennai. In such delimma what should I do? Please suggest me. Any lawyer in MP who can help me please contact me.

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Ms. Choudhary

You can file the FIR in whichever part of India you reside in; it isn't necessary that you have to reside in Chennai or Bhopal. All that the local police (where FIR is lodged) will do is transfer the same to the police station havng jurisdiction to investigate the same. Hence, if you filed the FIR at Chennai but incident took place in Bhopal, the Chennai Police will transfer your FIR to Bhopal Police.

If you are the affected party & want to file the DV case, you can file the same as it has been recently held that "aggrieved person" u/Sec. 2(a) of DV Act,2005 covers both men & women.

If you have further queries, you can e-mail me at: basu_kunal@hotmail.com.

Regards