Permanant Address Concealment By freinds Wife

702 votes

In response to your concerns, it is important to clarify that providing a false address or concealing one’s permanent address to create jurisdiction in cases under CrPC 125 or the Domestic Violence Act can amount to misleading the court and potential abuse of process. Jurisdiction in these matters is generally determined based on where the complainant (wife) permanently or temporarily resides, or where the respondent resides or the cause of action arises. The law does permit applications from a place of temporary residence, but material misstatement or deliberate concealment of address—especially if meant to mislead—can be challenged as suppression of material facts. Mentioning different addresses in separate petitions, when done dishonestly, may be considered as making false statements before the Court. If such discrepancies are brought to the notice of the court with supporting material, the court has the power to scrutinize the affidavits and may take action in accordance with Section 340 of CrPC for offenses related to giving false evidence or fabricating false evidence under Sections 191 and 193 of the IPC/ Bharatiya Nyay Sanhita (BNS). Therefore, your friend may file an appropriate application before the concerned court bringing this suppression and discrepancy to its notice, along with documentary evidence. The court may, in appropriate cases, direct an inquiry and if satisfied, may initiate action under Section 340 CrPC. For further steps and strategic legal advice, you may contact us for personalized service and assistance.

Advocate Yuganshu Sharma LawRato

994 votes

Hi there, it's not per se illegal as it's a kind of curable defect and she can take defence of clerical or some other error. However, it calls for suspecting her case and will be beneficial to get it dismissed if argued properly in the court. If you have any questions feel free to contact me.

Advocate Ishan Parashar LawRato

565 votes

As per DV Act she can file a case from the place where she has taken refuge. There is no requirement to file a case from permanent address. under section 125 she can file a case fr the place she is currently residing

Advocate Aarti Singh LawRato

829 votes

1. yes she can file petition in Nasik saying she is living with her sister and it's a dv and 125 crpc case it's a sensitive kind of issue and judges show leniency 2 so your advocate has to point out the fact in the court if the judge listen it so and if she is living on rent or any thing so you can try to prove that through you submitting your findings in court it will help your case

Advocate Hridika Kawatra LawRato