• Jurisdiction

Sirs/Madams 

Before marriage Wife stayed in Bombay (Maharashtra) and Husband was serving at Banglore (Karnataka) AND Husband’s Mother and Fathers stayed at shared House situated at Indore (Madhya Pradesh) and that house is owned by HUF jointly with Husband 

All Marriage Functions were done at shared House in Indore (Madhya Pradesh) and further finally Marriage was done at Indore (Madhya Pradesh). 

Wife stayed in Indore (Madhya Pradesh) in shared House with her in-laws for 06 Months then 4 Months at Bangalore (Karnataka) Violence was committed by Mother-in-Law and Father-in-law at Indore (Madhya Pradesh) and then Wife went to Bangalore in his Rental house and Mother in law also came there. Violence was also continued by Husband and Mother-in-Law at Bangalore.

No violence was committed at Bombay 

Now Wife was discarded and came back to her Parent at Bombay 


Query 

Now Wife wants to file DV case against her Husband , Mother in Law and Father in law with Prayers therein (a) to direct Respondents to allow her to stay in Shared House at Indore (Madhya Pradesh) and (b) to direct Husband and Mother in law to return her Stridhan and Gold 


Only Query is that :-

Where Wife can file DV case under PWDV Act 2005   ?  AND 
Which Court has Jurisdiction Either Indore (Madhya Pradesh) OR Bangalore. (Karnataka) OR Bombay Maharashtre ?


Guide 
Regards 
HARIOM
Asked 1 year ago in Family Law from nashik, Maharashtra
Religion: Hindu

Hi

Wife can file the petitions in Bombay

Thank You

Rahul Jatain
Advocate, Rohtak
945 Answers
3 Consultations

4.9 on 5.0

in DV cases case is filed as under-

where the person aggrieved permanently or temporarily resides or carries on business or is employed; or in this case bombay

the opposite party resides or carries on business or is employed; or (in this case indore)

where the the cause of action has arisen, (in this case )

so your case can be filed in bombay or indore.

Varnika Singh
Advocate, Ghaziabad
261 Answers
2 Consultations

4.9 on 5.0

Under Hindu marriage act section 19 every petition under this act shall be presented to the district court within the local limit's of whose ordinary original civil jurisdiction

1 the marriage was solemnised,or

2. The respondent at the time of the presentation of the petition,resides ,or

3. The parties to the marriage last resided together,or

4. In case the wife is the petitioner, where she is residing on the date of presentation of the petition,or

She have options all above maybe Mumbai.mp.karanataka

Rameshwar Dadhe
Advocate, Aurangabad
34 Answers

4.0 on 5.0

you can file DV case either in Bombay or in Indore or in Bangalore

2) since wife is staying in Bombay she can file DV case in Bombay . further since acts of DV were committed in Indore / Bangalore wife can file case in said cities too

Ajay Sethi
Advocate, Mumbai
65486 Answers
3961 Consultations

5.0 on 5.0

1. You need not break your head.

2. Which place is most convenient to the wife, then choose it file there.

3. Let the husband fight for jurisdiction, it is not so easy. If he requires trasnfer then he has to go the Supreme

Court.. The best is move the application as early as possible and start fighting with the interim maintenance which the court may award.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
4247 Answers
108 Consultations

5.0 on 5.0

Respected sir ...

Just file D.V case where the wife resides ...In simple case she can file complaint before magistrate in mumbai . under section 27 of DV act it can be filed by the lady wherein she is temprarily or permanenetly residing or wherein the respondent is resding or carris on business or where cause of action has arisen . she can file either in karntaka or in mumbai or in M.P

Thanku

Dinesh Sharawat
Advocate, Delhi
961 Answers
6 Consultations

4.9 on 5.0

She can file the DV case in her point of residence.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
192 Answers
3 Consultations

5.0 on 5.0

Her personal presence is not necessary on each date

It is sufficient if her lawyer is appearing on her behalf

Further in Bombay DV cases take 5 years to be disposed of

Disposal would be faster in smaller cities

She can apply to SC for transfer of case as she is now residing in Bombay

Ajay Sethi
Advocate, Mumbai
65486 Answers
3961 Consultations

5.0 on 5.0

Respected sir...

An Application for transfer of Suit under Section 25 of the Code of Civil Procedure

Section 25 of the Code of Civil Procedure enables the Supreme Court to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court or other civil court in any other State. This power may be exercised by the Supreme Court if it is satisfied that an order under this Section is expedient for the ends of justice. Hence wide powers are given to the Supreme Court to order a transfer if it feels that the ends of justice so require.In this you have to mention that you are not capable to travel so long you can take any certificate from doctor that will also help you..

Thanku

Dinesh Sharawat
Advocate, Delhi
961 Answers
6 Consultations

4.9 on 5.0

1. Now wife is bonafidely residing the her Parents house at Bombay.

2. The Supreme Court definitely allow the transfer petition.

3. It is the place for a destitute wife, so now she is residing her parents house safely. Rest assured.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
4247 Answers
108 Consultations

5.0 on 5.0

1. Under DV Act irrespective of where the acts of domestic violence took place, the wife can file the case where she resides. So she can file the case at Place A if she resides there to seek the right to residence in Place B.

2. Why does wife even have to go to court on every date of hearing? Her personal presence in the court in DV case is required only at the time of her evidence.

Ashish Davessar
Advocate, Jaipur
26119 Answers
775 Consultations

5.0 on 5.0

She's pint out about all expenses

Rameshwar Dadhe
Advocate, Aurangabad
34 Answers

4.0 on 5.0

Now Wife wants to file DV case against her Husband , Mother in Law and Father in law with Prayers therein (a) to direct Respondents to allow her to stay in Shared House at Indore (Madhya Pradesh) and (b) to direct Husband and Mother in law to return her Stridhan and Gold

She, ass the legally wedded wife, can claim residence in the HUF house property in which her husband is having a share.

The stridhan is her own and exclusive property in which only she has a right and nobody has.

Her claim for retrieving her property is justified and legally valid.

Where Wife can file DV case under PWDV Act 2005 ? AND

Which Court has Jurisdiction Either Indore (Madhya Pradesh) OR Bangalore. (Karnataka) OR Bombay Maharashtre ?

Since she apprehends dange rto her life, she can very well file a DV case in Mumbai where she currently resides or in the place where she started her matrimonial life (Indore) or in the place where she lastly resided with her husband (Bangalore) because it is reported that she was given cruel treatment at both the places and also there are incidences of domestic violence at both the places.

T Kalaiselvan
Advocate, Vellore
55311 Answers
674 Consultations

5.0 on 5.0

Wife was wrongly advised in 2016 and she herself has filed case in Indore but now she finds it difficult to travel from Bombay to Indore

She should have thought about it that time itself, this is called sas lack of planning.

Even now she can file a transfer petition at supreme court to transfer this case to Mumbai from Indore

Now on which ground she can apply in S.C. for transfer of DV case from Indore to Bombay

Lack of funds and inability to undertake frequent travel to such a distant place

T Kalaiselvan
Advocate, Vellore
55311 Answers
674 Consultations

5.0 on 5.0

Where Wife can file DV case under PWDV Act 2005 ? ---- Amounts to continuous violence. case maintainable at any venue, MP, BLORE

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

she would have to file transfer petition in supreme court for transfer of case on the reasons that it is npt feasible for her to go to indore on each and every hearing, she can also show if true, that she has mediacal condition in family, may be her parents, and financial reasons.

Varnika Singh
Advocate, Ghaziabad
261 Answers
2 Consultations

4.9 on 5.0

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