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Jurisdiction of filing case u/s 498A
31-Jul-2023 (In Family Law)
In the 498a FIR lodged by my wife all allegations of cruelty are from my home town whereas she has filed the case in her home town. Can I file transfer petition in high court to transfer the case to my home-town based on jurisdiction ? I have heared that 498a is a continuing offense & so wife can file in her home-town as well. Is that true ? Is there Ny SC ruling in this regards ? Pls help.
1) domestic violence case can be filed before local magistrate .contest case on merits . file detailed reply denying allegations made in complaint
2) Jurisdiction of filing Dv case is as follows:(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which— (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.
3) 498A case can be filed in police station with whose jurisdiction offence has taken place . in this regard it is necessary to peruse allegations made in FIR
4) once 498A case is filed obtain Anticipatory bail from sessions court and contest case on merits
2) Jurisdiction of filing Dv case is as follows:(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which— (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.
3) 498A case can be filed in police station with whose jurisdiction offence has taken place . in this regard it is necessary to peruse allegations made in FIR
4) once 498A case is filed obtain Anticipatory bail from sessions court and contest case on merits
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Adv. Sudershani Ray
Delhi | 200+ Answers
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