• Proceedings of divorce case

Husband has been doing violence since 3years,mentally &physically. I left his house 2 weeks ago. Now how should i proceed? I want to send him to jail once to teach him a lesson for destroying my whole life. Everyime i gave him a chance &extended it to 3 years but everytime he took it granted. He started to torcher me from fourth day of marriage,didnt even spared me when i was pregnant,with gods grace smhow my child was born normal&after doing all this to me he doesnt even realises his mistakes. According to him he is man&he can do anything he likes. If he wanted could have loved me but instead of that he never stopped finding flaws in me. I have wasted enough time in giving him chances again &again &even he knows we can never get together since once difference starHusband has been doing violence since 3years,mentally &physically. I left his house 2 weeks ago. Now how should i proceed? I want to send him to jail once to teach him a lesson for destroying my whole life. Everyime i gave him a chance &extended it to 3 years but everytime he took it granted. He started to torcher me from fourth day of marriage,didnt even spared me when i was pregnant,with gods grace smhow my child was born normal&after doing all this to me he doesnt even realises his mistakes. According to him he is man&he can do anything he likes. He had the option to love and end up the differences but he never stopped finding flaws in me&torchering me mentally. Everytime i gave him a chance but now i dont want to waste more time Because i know this is the only end of this relation. Even he never wanted to be in this relation just for the sake of soceity & kid he was with me without any attachment But he wont end it mutually.
Now my question is i am in bangalore living alone with my kid and hes in delhi. If i want legal proceedings to be in chennai where should i lodge Fir?& would it send him to jail?&i guess that would be in criminal court right?
Or instead of all this i should only file for divorce or guide me how should i proceed.
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) you can file domestic violence case against your husband in bangalore wherein you are staying and seek alternative accommodation and maintenance for your self and child 

2) you can also eek protection order against your husband 

3) you can also in domestic violence case claim compensation for mental torture undergone by you 

4) you can also file for divorce in Bangalore on grounds of mental cruelty . 

5) seek  custody of your child , maintenance from your husband . 

6) your husband wont go to jail in domestic violence case or in divorce case 

7) you can file 498A case against your husband  if you are victim of dowry harassment 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1225 Consultations
5.0 on 5.0
Dear Querist
if there is any incident/offence has been committed in Chennai then only the FIR can be registered in Chennai otherwise not.

it will be better to file the case where you are residing.

file domestic violence case, maintenance case, divorce case dowry harassment case if any.

Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Since you are residing in Bangalore and if you want the proceedings to be in Chennai then file an FIR in Chennai. Your husband will not be arrested for domestic violence or a divorce case however he may get arrested if its a 498A case. It is advisable that you file a maintenance and divorce case in Bangalore since you are residing in bangalore and along with the divorce case, claim for the custody of the child as well. 
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. You can file a case for assault and causing hurt against your husband in Delhi. He can be arrested and prosecuted for the crime committed by him.

2. You cannot choose the place of filing the case. It can be filed only where the law permits it to be filed.

3. Additionally, you may also initiate domestic violence proceedings in Bangalore to claim compensation and maintenance from him for the violence committed by him.

4. You can also claim the exclusive custody of your child by filing for child custody.
Ashish Davessar
Advocate, Jaipur
18207 Answers
449 Consultations
5.0 on 5.0
Hi,
 you should initiate legal proceedings in a place where you are at present , in Bangalore this would brig more trouble to him.If you lodge an FIR in Bangalore the police will transfer this to Chennai where his home is.
File a domestic violence case in Bangalore and ask all the reliefs under the Act. 
You should lodge an FIR under 498A if you want to put him behind bars, and the allegations should have strong base as these days police is instructed to take sufficient cation before arresting an accused under 498A as the provision has been  misused some times.
You can file divorce on grounds of cruelty in Bangalore so that it will be easy for you to conduct the case and at the same time your he will have travel down to attend the matter, but it is advised that first proceed with a police complaint, then  file for divorce.You can also ask for maintenance for your child , and , yourself and an alimony , a house in the divorce petition.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Indian Law does not allow anybody to take revenge on others. Our Law punishes the offender after he is brought to the books and after he is heard,

2. File a complaint before the police station of the place where your husband stays u/s498A,

3. You can file the said 498A complaint at your place at Bangalore if by chance you come to know that your husband has come to Bangalore and in that event you shall have to complaint that he has come to your residence at Bangalore and brutally beaten you,

4. You are required to take medical certificate from doctor of govt Hospital,

5. After that you can file a DV case claiming maintenance and alternative accomodation for you and your child,

6. You can also file a divorce suit claiming substantial amount as alimony,

7. If he proposes mutual consent divorce, you can accept that if the compensation proposed by him is adequate.  
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. If you want to send him to jail you have to prosecute him for assault and dowry harassment. He will be given an opportunity to enter defence to prove his innocence.

2. You can also sue him for financial support for yourself and your child. This is a liability he cannot avoid. You can file the case in Bangalore.

3. To prosecute him for 498A you are required to file the case in Delhi alone i.e where your husband is residing and where you resided with him.  You do not have to go personally to the court on every hearing as the presence of your lawyer will suffice in the court.

4. The court will send him to jail if he is found guilty. He will not be let off with a mere warning.

5. In Delhi it may take 1-2 years for the proceedings in the case to conclude. 

6. Every case will be adjudicated independently of the other cases which you may file.
Ashish Davessar
Advocate, Jaipur
18207 Answers
449 Consultations
5.0 on 5.0
1) you can file domestic violence case in bangalore within jurisdiction of court you are residing . court will issue summons against your husband . he would have to attend court file his reply to allegations made in complaint . 

2) DV cases take 5 years to be disposed of 

3) for 498A case you should file it in Delhi where the offence was committed . it takes over 5 years for 498A cases to be disposed of 

4) your husband can obtain anticipatory bail in Delhi from sessions court . 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1225 Consultations
5.0 on 5.0
  In (1999) 8 SCC 728 Satvinder Kaur vs. State (Govt. of NCT of Delhi) and another, the question  of 

 registration and investigation of an FIR lodged at the place of residence was dealt with and
considered by the Supreme Court and the Supreme Court made the following observations:-
 8. In our view, the submission made by the learned counsel for the appellant requires to be
accepted. The limited question is whether the High Court was justified in quashing the FIR
on the ground that Delhi Police Station did not have territorial jurisdiction to investigate the 
offence. From the discussion made by the learned Judge, it appears that learned Judge has
considered the provisions applicable for criminal trial. The High Court arrived at the
conclusion by appreciating the allegations made by the parties that the SHO, Police Station
Paschim Vihar, New Delhi was not having territorial jurisdiction to entertain and investigate
the FIR lodged by the appellant because the alleged dowry items were entrusted to the
respondent at Patiala and that the alleged cause of action for the offence punishable under
Section 498-A IPC arose at Patiala. In our view, the findings given by the High Court are,
on the face of it, illegal and erroneous because:
 (1) The SHO has statutory authority under Section 156 of the Criminal Procedure Code to
investigate any cognizable case for which an FIR is lodged.
 (2) At the stage of investigation, there is no question of interference under Section 482 of the
Criminal Procedure Code on the ground that the investigating officer has no territorial
jurisdiction.
 (3) After investigation is over, if the investigating officer arrives at the conclusion that the
cause of action for lodging the FIR has not arisen within his territorial jurisdiction, then he is
required to submit a report accordingly under section 170 of the Criminal Procedure Code
and to forward the case to the Magistrate empowered to take cognizance of the offence. 


This would be clear from the following discussion. Section 156 of the Criminal Procedure
Code empowers the police officer to investigate any cognizable offence. It reads as under :
 ?156 Police officer's power to investigate cognizable case ? (1) any officer in charge of a police
station may, without the order of a Magistrate, investigate any cognizable case which a court
having jurisdiction over the local area within the limits of such station would have power to
enquire into or try under the provisions of Chapter XIII.
 (2) No proceedings of a police officer in any such case shall at any stage be called in question
on the ground that the case was one, which such officer was not empowered under this
section to investigate.
(3) Any Magistrate empowered under Section 190 may order such an investigation as above
mentioned.?
 10. It is true that territorial jurisdiction also is prescribed under sub-section (1) to the extent
that the officer can investigate any cognizable case which a court having jurisdiction over the
local area within the limits of such police station would have power to enquire into or try
under the provisions of Chapter XIII. However, sub-section (2) makes the position clear by
providing that no proceedings of the police officer in any such case shall at any stage be
called in question on the ground that the case was one which such officer was not
empowered to investigate. After investigation is completed, the result of such investigation is
required to be submitted as provided under Sections 168, 169 and 170. Section 170
specifically provides that is, upon an investigation, it appears to the officer in charge of the
police station that there is sufficient evidence or reasonable ground of suspicion to justify the
forwarding of the accused to a magistrate, such officer shall forward the accused under
custody to a Magistrate empowered to take cognizance of the offence upon a police report
and to try the accused or commit for trial. Further, if the investigating officer arrives at the
conclusion that the crime was not committed within the territorial jurisdiction of the police
station, then FIR can be forwarded to the police station having jurisdiction over the area in
which the crime is committed. But this would not mean that in a case, which required
investigation, the police officer can refuse to record the FIR and/or investigate it. 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1225 Consultations
5.0 on 5.0
1. You shall have to file the complaint u/s498A before the police station of the place where your husband stays i.e. at Delhi. However, if your going to Delhi is not posible, then you can file the said 498A complaint at your place at Bangalore if by chance you come to know that your husband has come to Bangalore and in that event you shall have to complaint that he has come to your residence at Bangalore and brutally beaten you and for that you are required to take medical certificate from doctor of govt Hospital certifying about your injury caused due to the said beating by your husband, 

2. After that you can file a DV case claiming maintenance and alternative accomodation for you and your child at Bangalore,

3. You will get interim maintenance from he date of your application,

4. If you file 498A complaint at Delhi, police will investigate and act based on their investigation report and if your comaplaint is found to be correct, they will file FIR and prosecute your husband before the Court where you wont have to go,

5. Engage a local lawyer at Bangalore to file your DV case.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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