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Tarachand   31 December 2016

Sec.482 invoked against dv u/s.12

Respected sirs/Madams

  1. Marriage took place at Jaipur
  1. For mental cruelty by Wife,  the Husband filed Divorce Petition u/s. 13 (1) in F.C. at Bikaner stating therein that they (Himself, Wife, His Mother and His Father all)  stayed at Jaipur at the House owned by his Father for 06-08 months.

Husband further stated therein that but for service purposes he along with his Wife went to Bikaner and stayed there in Rental Flat for 12 months which he again vacated because of mental-cruelty by Wife and now the Husband is staying at house of his Nana (Mother’s Father) and wife is staying with her own Father at Pune (Maharashtra).

  1. Wife filed Complainant u/s.12 of DV Act before JMFC at Jaipur (Raj.) on the ground that DV was committed by all (Husband, Mother-in-law and Father-in-Law) upon her at shared-house at Jaipur which the Husband continued at Bikaner, too. (But wife could not provide any evidence of her ‘stay’ at shared-house at Jaipur)  

 

  1. The JMFC, on basis of other critical situations highlighted by Wife, passed ex party Order and declared House at Jaipur as shared House by saying that “

 “Husband admitted himself in the Divorce Petition that He, His Wife, Mother and Father all were living at House at Jaipur)”

 

  1. Husband breached ex party Order and is facing trial u/s. Sec31 of the DV Act before the JMFC and his warrant has been issued

 

  1. Husband approached High Court and filed Appln. u/s. 482 of CR.P.C. praying therein to quash the whole Complaint filed by Wife u/s. 12 of DV Act on following grounds :-
  1. That house at Jaipur is owned by his Father and hence it cannot his shared house
  2. That his Father does not want his wife to stay there
  3. That presently Husband is staying at house at Bikaner (of his Nana) which must be treated as shared house
  4. That JMFC Jaipur has no jurisdiction to entertain the said Complaint because House at Jaipur cannot be said to be a shared-house

 

  1. Wife sent her Reply to the Husband’s Advocate which she will be filling on next day in High Court
  1. The said Reply contains therein that Husband has alternate remedies u/s.29 against the ex-party Order before Session Court and
  2. further as far as Jurisdiction is concerned, Husband must first plead the issue before the JMFC at Jaipur only

 

  1. But interestingly Wife gave one Offer in the Reply

that if the Husband is providing her equivalent House at Jaipur on Rental basis and gives undertaking to continue the same then she is ready to live there but the Husband must be ordered to obey rest of the parts of the Ex Party Order

 

Query

Being on Husband’s side, I want to know that what seems better to do in High Court on next date after considering following three points

How many chances are there to prove that House at Jaipur is not shared House

Ex Party Order was passed by JMFC without calling DIR

That JMFC Jaipur has no jurisdiction  

 

Guide me

Thanks in advance

HARIOM



Learning

 3 Replies


(Guest)
Originally posted by : Tarachand
Respected sirs/Madams


Marriage took place at Jaipur



For mental cruelty by Wife,  the Husband filed Divorce Petition u/s. 13 (1) in F.C. at Bikaner stating therein that they (Himself, Wife, His Mother and His Father all)  stayed at Jaipur at the House owned by his Father for 06-08 months.


Husband further stated therein that but for service purposes he along with his Wife went to Bikaner and stayed there in Rental Flat for 12 months which he again vacated because of mental-cruelty by Wife and now the Husband is staying at house of his Nana (Mother’s Father) and wife is staying with her own Father at Pune (Maharashtra).


Wife filed Complainant u/s.12 of DV Act before JMFC at Jaipur (Raj.) on the ground that DV was committed by all (Husband, Mother-in-law and Father-in-Law) upon her at shared-house at Jaipur which the Husband continued at Bikaner, too. (But wife could not provide any evidence of her ‘stay’ at shared-house at Jaipur)  


 


The JMFC, on basis of other critical situations highlighted by Wife, passed ex party Order and declared House at Jaipur as shared House by saying that “


 “Husband admitted himself in the Divorce Petition that He, His Wife, Mother and Father all were living at House at Jaipur)”

 


Husband breached ex party Order and is facing trial u/s. Sec31 of the DV Act before the JMFC and his warrant has been issued


 


Husband approached High Court and filed Appln. u/s. 482 of CR.P.C. praying therein to quash the whole Complaint filed by Wife u/s. 12 of DV Act on following grounds :-



That house at Jaipur is owned by his Father and hence it cannot his shared house
That his Father does not want his wife to stay there
That presently Husband is staying at house at Bikaner (of his Nana) which must be treated as shared house
That JMFC Jaipur has no jurisdiction to entertain the said Complaint because House at Jaipur cannot be said to be a shared-house


 


Wife sent her Reply to the Husband’s Advocate which she will be filling on next day in High Court



The said Reply contains therein that Husband has alternate remedies u/s.29 against the ex-party Order before Session Court and
further as far as Jurisdiction is concerned, Husband must first plead the issue before the JMFC at Jaipur only


 


But interestingly Wife gave one Offer in the Reply


that if the Husband is providing her equivalent House at Jaipur on Rental basis and gives undertaking to continue the same then she is ready to live there but the Husband must be ordered to obey rest of the parts of the Ex Party Order

 

Query

Being on Husband’s side, I want to know that what seems better to do in High Court on next date after considering following three points

How many chances are there to prove that House at Jaipur is not shared House

Ex Party Order was passed by JMFC without calling DIR

That JMFC Jaipur has no jurisdiction  

 

Guide me

Thanks in advance

HARIOM

Open single thread for your queries.

If she wants to save marriage, instead of filing reply to husbands pettion, go fall to his feet and ask him to accept her back, compromise, once she files replies, it will be end of the relationship.

Marriage is adjustment.  You dont seem to be interested in your wife, nor does your wife seem to be interested in leading peaceful life with you.  Best is you both take mutual divorce.

If your egos are bigger than your noses, then you will only end up greying each others hairs.  Choice is yours.

Vivek H Bedarker (A)     01 January 2017

Sad that instead of morals it's monetary things like house that have moved in. Nobody including law can force you to find and rent some other house in some other city. Your Grandfather's house / Father's house is not under your wish to inherit or claim as yours. They can technically throw both you and your wife out. Your Father has already thrown you out. You may plead as a begger if you wish ,and also let Nana throw you out of his house. Once you yourselves are struggling for house then no question of finding one for wife. But what about real stuff like assault on wife regarding DV and proofs? One is free to say anything. Even you can say that your father/mother assaulted you and banished you. But if you really harassed wife then its different. Nobody can save you. Learned Judge will know immediately by his experience.

P. Venu (Advocate)     01 January 2017

Issues need to met on merits in the Trial Court. The High Court, u/S 482 CrPC, will not look into questions of fact.


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