• Can I file DV case from my parent’s place

I got married in jan 2017 in Gwalior , and I am being tortured continuously by my husband and there after by my in laws. They live in Udaipur.Recently I came back to my parents place indore .Can I file DV case from my parents place ? Also how DV and 498a are different ? And do I need FIR for he gist wring DV case.
Asked 4 years ago in Family Law
Religion: Hindu

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25 Answers

Hello,

Yes the same is treated as a continuing offence and therefore you can file the DV case at the place where you are residing right now. Yes you will have to file FIR for both DV case and for the 498A case.

Both the offences are different in nature.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes you can initiate proceeding by staying at your parents place, but before that lodge a detail complaint of everything that has happened with you. Send the same complaint by way of speed post and mention to register FIR under section 498A and 406.

Then file DV for protection and maintenance.

498A - Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Domestic violence is a pattern of behavior which involves violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

As per ection 27 in The Protection of Women from Domestic Violence Act, 2005

27. Jurisdiction.—

(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.

Hence you can file case from where you are residing in parents home. 498A is dowry harassment case and domestic violence is filed for violence cause on you. 498A police will take action domestic violence you need to fIle petition.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

As per section 27 of the PWDV Act,2005 itself the petitioner who is aggrieved to seek the reliefs under the Act resides can file the the case from the place where she is presently residing.

So In indore there is no difficulty in filing the case.

However of the case is under 498A IPC then I would advise you to file at your matrimonial home unless tortures were done to you at Indore also.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Client,

FIR under 498a IPC is maintainable at place where offense is committed. Any single incident committed at ur place than 498a FIR is possible at ur place otherwise Udaipur.

Indian Penal Code -

[498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Whereas under Protection of Women from Domestic Violence Act provides other remedies -

http://nyaaya.in/law/557/the-protection-of-women-from-domestic-violence-act-2005/

Read Section 12, 17,18,19,20,21,22 of The Act.

Also Sec 125 Code of Criminal Procedure,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file DV case from Indore if you are at present residing in Indore

2) DV is special law focused on victims and giving them relief from domestic violence. Any kind of abusive behavior by your husband or male partner or their relatives (includes male and female relatives). It need not be physical abuse. It could also be verbal, emotional, sexual or economic abuse.

3) in DV casevyou can file complaint before magistrate and seek protection order , maintenance, right to stay in matrimonial Home or alternative accommodation, compensation from your husband

4) 498A case can be filed if you are victim of dowry harassment from husband and relatives . It is non bailable offence

Ajay Sethi
Advocate, Mumbai
87916 Answers
6207 Consultations

5.0 on 5.0

As per S.27(1)(a) of the DV act, the proceedings can be instituted in the place where the person aggrieved permanently or temporarily resides, in this case indore.

Unless you have decided not to unite with your husband, refrain from filing a complaint under 498a as that will aggravate the matrimonial issues and lead to permanent breakdown of the marriage.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Dear Madam,

Your queries are replied below for more clarifications please call me.

(i) “Magistrate” means the Judicial Magistrate of the first class, or as the case may be, the Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place;

Section 498 (A): Section 498 A is incorporated under Indian Penal Code for an offence in relation to “cruelty and demand for dowry”. If anybody practices cruelty, or demands the dowry, the person would be accountable to be prosecuted criminally for an offence under Section 498 A before the Criminal Court.

Domestic Violence: The Parliament enacted the Act of 2005 so that the “victim” can approach the Magistrate with an application complaining of Domestic Violence. Victim can ask for various reliefs mentioned in the provision. The reliefs can be like maintenence, shelter, custody of child etc.. Court may pass sentence as well.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You can file the complaint from your place for DV and for dowry harassment as well.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

As per section 27 of protection of women from domestic violence act you may file the d.v. case from your parents home.

27. Jurisdiction.—

(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.

(2) Any order made this Act shall be enforceable throughout India.

Yes you can file a domestic violence case in Indore,For Domestic violence a written complaint can be made before the Jurisdictional magistrate.

No you do not need to file FIR for DV act you can directly file a compliant before magistrate. Please refer below link for difference between 498A ipc and DV act.

https://www.linkedin.com/pulse/distinction-between-498a-domestic-violence-advocate-kailash-a-nevagi/

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You can file the DV case in Indore.

2. Section 498A of IPC is a criminal case lodged against dowry harassment which is required to be lodged at the police station having jurisdiction on the area where the cause of action (for which the said police complaint is being lodged) arose. Police complaint.

3. You can lodge the said police complaint by sending your complaint by speed post to the police station of your in law's place and collect the track/delivery record from the net after 3/4 days. You should send the complaint to the concerned S.P./D.C after 7 days in the same way by speed post.

4. If police does not take any action, you can file a Writ Petition before the High Court at Gwalior against police inaction praying for a direction upon police to register FIR, investigate and act based on your said complaint.

5. You should also add complaint for refusing to return your Streedhan under section 406 of IPC with your 498A complaint to be made to the police.

6. DV case is against domestic violence for which no arrest will be made and complaint u/s498A of IPC is for dowry harassment which is non bailable.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You need not be present at every hearing in Udaipur court

2) FIR can be registered in Indore on if part of cause of action has arisen in Indore

Ajay Sethi
Advocate, Mumbai
87916 Answers
6207 Consultations

5.0 on 5.0

1. If the Udaipur police registers FIR u/s498A of IPC based on your complaint, then the case will be between the State of Rajasthan and the accused against whom the FIR has been registered.

2. You won't have to be present before the court at all.

3. If police refuses to register FIR based on you complaint, you shall have to file the W.P. before the High court as suggested in my earlier post.

4. If you can have an evidence that your husband had come to your place at Indore then you can file the 498A complaint siting the harassment on you at Indore in addition to that at their place and in that case only you can get the said FIR filed at Indore as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Presence on day to day basis in court is not required.

If the police does not register FIR tou can get this done through the court by filing a petition under section 156(3) crpc.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

To register it in indore make the FIR through speed post and yes you can initiate all cases from your parents place

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

If dowry harassment is also caused in indore you can file 498A at indore only. With respect to DV you can file it from your parents home. With respect to proceedings under 498A the police will call both parties for counselling later if it's not settled they will file FIR you need not be present before court at every date of hearing. Only when you evidence is rrecorded you need to be present there

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You can file DV case from the place of your residence stating that there exists threats to your life if you happen to visit that place.

However the criminal complaint under section 498a can be lodged in the place of the incident.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

The Udaipur police has to register the complaint under section 498a.

You need not attend court for each and every hearing date.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dear Madam,

FIR even if registered at Indore it will be again transferred to Udaipur where actual incident took place and witnesses are available. However you can maintain your case under provisions of DV Act at Indore. Be informed that you need not visit police station at Udaipur every time, You need to attend Court at one time to give your evidence.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

It appears from your query that instances of cruelty to with you have taken place at Udaipur, therefore, it would be appropriate to lodge FIR/ Complaint of the 498-A at Udaipur as the cause of action and incidences of cruelty has taken place at Udaipur. the proceeding under the DV act is independent than that of 498-A, DV proceeding can file at the place where you are currently residing i.e at Indore. While filing a proceeding under DV act though it is not mandatory to file FIR but it is good if we have done that. If Udaipur police register the case then you have to do nothing just wait for the summons of the court for giving the statement.Once the police take cognizance of your complaint, you become a witness and you are not required to attend the court every time. it is only when you receive a summons from the court you would be required to attend the court to give a statement. You make lodge a complaint of 498-A at Indore but as per law, it has to be lodged at the place where the cruelty has taken place else Indore court would not have jurisdiction to try the case ultimately it will be transferred to Udaipur Court.

Ujwal Rajan Phasate
Advocate, Nagpur
37 Answers
4 Consultations

5.0 on 5.0

Yes you can file the DV case from your parents place.

Yes DV case and 498a is totally different.

You need to lodge FIR for 498a not for DV.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Complain to women empowerment cell if police don`t register ur complain and also to SP.

Nither need to attend court every time. Dont worry.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

498A case can be filed in Indore, since the offence is treated to be a continuing offence in nature and therefore you may lodge a complaint before the Indore police station also.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes, you can file this case case at Indore.

The difference between 498a and DV case is that, section 498a penalises any form of cruelty upon the wife which is linked to demand of dowry. In a DV case, it is not always necessary that the domestic violence must have a dowry angle attached to it. Any degree of violence which the wife faces in a domestic household can be reported in a DV case.

To institute a 498a case, you need to lodge a FIR.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Yes you can file DV case from your parents house. DV and 498A is different. DV is for domestic violence. 498A is cruelty by husband or relatives of husband. There is a FIR in 498A and domestic incident report in DV cases.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

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