LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Yashmit (owner)     16 December 2009

Punjab case in Culcutta ?

Mine was love marriage to a girl from Calcutta , i am from Punjab. We got married in Punjab and then i left to canada after 1 month. after that my wife came to canada also on job visa but after 1 year she went back to calcutta and filed a 498a case there .we had met in mumbai and i never went to calcutta .

is there no jurisdiction law in place ? i am being said that girls can file case anywhere ? what should i do ?

i am also on job visa and not yet got my residency in Canada .

should i just ignore the summons from court in calcutta ? i am not sure how she did case there , maybe no police complain direct case in court , i dont know any lawyers in calcutta , any help would be appreciated.



Learning

 10 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     17 December 2009

 

U may approach us, we have branches all over india, even in calcutta. So not to worry.

We will guide u in such a way that u will not be bound to appear in calcutta but handle ur case.

First send us the copy of summons and complaint or FIR what ever u receive from that court..

Regards

adv.kamal.grover@gmail.com

Regional  office Chandigarh (Punjab)

Yashmit (owner)     17 December 2009

Thanks for the reply , i would do that soon , firstly could you tell  me that is it lawfully correct  that she can file the case in Calcutta ?

As you mentioned that i would not be bound to attend the case in culcutta does it mean that she has jurisdiction rights to do so ???

Yashmit (owner)     22 December 2009

is there no lawyer in here who can reply ??? that is it lawfully correct  that she can file the case in Calcutta ? and i to fight it over there and can not get the case transfered to punjab ??

Thirumaran (Litigation Incharge)     22 December 2009

Sir,

With reference to divorce, the jurisdiction is either your spouse present home, your home place, the place of marriage, the place of last residence. Therefore, the court at Calcutta has jurisdiction.

as regards receipt of summons it is only just, proper and legal to receive the same and attend to the proceedings because if you do not attend a warrant may be issued against you.

regards

 

THIRUMARAN

ADVOCATE.

Yashmit (owner)     23 December 2009

But this is not a divorce case , its 498a dowry case which i believe come under criminal section. does it apply for dowry cases also ?

sibasish pattanayak (lawyer)     26 December 2009

hi yashmit,

dont worry, u will win this case, if u contest it properly and squrely

from your place. u just contact with ur ld. advocate, who take care

ur case.but dont spoil ur time.start now

regards,

sibasish pattanayak,Advocate,calcutta.( e-mail:sibasish_adv@yahoo.co.in)

sibasish pattanayak (lawyer)     26 December 2009

yashmit, whatever it may be, either police case or the private (complaint case)

no need to hesited. u can conatct with advocate now.

sibasish pattanayak (lawyer)     26 December 2009

yashmit, pl listen no need to file any transfer petition before the appex court,just u contest ur case through advocate, if she filed a case u/s 498ai p c.( criminal), u just mail me ur case in details.or call me  in da evening : 09477090999 / 09433074402 / 09231668664.

Thirumaran (Litigation Incharge)     28 December 2009

Sir,

You can file a petition before the Calcutta High Court under 482 of CrPC to quash the case on ground on jurisdiction.

regards

 

Thirumaran

Yashmit (owner)     28 December 2009

Thirumaran sir

 

Thank for your reply , as you mentioned earlier """"""the jurisdiction is either your spouse present home, your home place, the place of marriage, the place of last residence. Therefore, the court at Calcutta has jurisdiction."""""""""""""

based on this if the high court appeal is not succesfull then what are the options ?

would supreme court be an option or should we just wait and try to fight the case in calcutta ?

i need to understand that if there is no fir and the judge has accepted the case then does that mean the judge does not requireany proof from the girl ? is that only on her oath the judge accepted the case ? as i believe that she would not have any proof as its a totally false case .

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query