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Where can a wife file complaint against her husband in dowry and DV
12-Jul-2023 (In Criminal Law)
From where can a wife file complaint under dowry and domestic voilence against her husband and in-laws ?
As per my knowledge a wife can only file a complaint from the place where the crime is committed (CrPC 177) or from the place where she takes shelter after the cruelty from her husband and in -laws.
Please correct me if I am wrong.
Also, please confirm if wife file complaint initially in the city she lives and then closes the complaint to file a fresh modified complaint in another city. Can it be possible legally?
Hi, the complaint can be filed where she is residing currently ,or resided after marriage with her husband,at her parental place or at her matrimonial place ..Later on ,for transfer of case a petition has to be filed in the high court
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Adv. Hemant Chaudhary
Gurgaon | 200+ Answers
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Yes, you are absolutely right about the jurisdiction clause and for the second part we have to go through the withdrawl statement on the basis of which the said case was withdraw...she can file fresh petition if she reserves her right to do so while withdrawing her earlier complaint.
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Adv. Prateek Aggarwal
Gurgaon | 100+ Answers
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Hi
Your knowledge w.r.t the filing jurisdiction is correct. However as asked in the later part, the complaint can be closed to file at another place only with the permission of court. Substantial changes in the complaint would make the original version doubtful.
Your knowledge w.r.t the filing jurisdiction is correct. However as asked in the later part, the complaint can be closed to file at another place only with the permission of court. Substantial changes in the complaint would make the original version doubtful.
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Adv. Aditya Verma
Ambala | 25+ Answers
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