Harassment and torture for dowry and jurisdiction
I am a 29 year old female (housewife) native of Karnataka.During the time of my study I came into the contact of a boy who basically belongs to Allahabad (Uttar Pradesh) came to Karnataka for medical studies.After some time we both communicated our feelings to our parents both.My Parents were very much bothered to marry and send me so far (Allahabd) from their place as no one was there to take of my daughter and even we don't know the languaze well also and about new Place.But the mother of my Husband in Allahabad assured me and my father again and again that she will take full care of me,considering this fact my parents finally came to Allahabad and solemenised my marriage with that boy and given suffecient amount of dowry,money,precious gold and other demands as asked by my mother in law and invested so much money in marriage.Intially the behaviour of my mother in law was ok towards me but soon after my marriage with her son when she come to know that we were not capable of fullfiling her dowry demands she started giving torture with the help of her brothers,sisters and daughters in her house (Allahabad),beated me and forced me to give divorce and remarry her son with a rich family as her son has studied medical anyone is ready to give lakhs and crore as dowry if she again remarry her.when my husband who loves me so much opposed this action of her mather and her relatives,my mother in law and their relatives also treated him the same way as they treated me and forcibly evicted me and my husband from that house but reply is given by my mother in law that first you leave your or to bring Dowry from her father then only we will be allowed to enter the house and expected.we tried several times to change mind of my mother in law and her relatives but she never changed.we stayed for livelyhood and shelter to many parts of india during that time and whenever we used to come again in home town (Allahabad) then again she treated me the same way what I had narrated earler.After Suffering like this for past 5 years I had finaaly filled a case of 498 (A) and Dowry act section 3 and 4 and a separte case of Domestic violence act 2005 in my home town in karnataka against my mother in law and her above mentioned relatives, as me and my family people does not know anybody in Allahabad,neither language and they also feel that there is a danger of my life in Allahabad as my mother in law and relatives are hihgly Infuencial people and there they have good political influence also.After filling the case in my native place karnataka my mother in law appointed a Lawyer here who constantly threats us that this case is non maintainable in Karnataka as nothing has happened here the actual crime has happened in Allahabad.he also wants to move high court and supreme court to Quash this complaint for non maintance of 498 A case in particular.Police is also showing little interest to register FIR and threatens us to transfer the complaint to Allahbad so we had filled before JMFC court under Section 200.
Please suggest some Preventive measures where in we can defend ourselves in fighting this case in karnataka only as my parents does not want me to go as they feel danger in Allahabad (My mother is a heart patient can't travel such a long place).They are also witness of my case and want to give evidence.My husband is neutral in this regard.
Asked in Criminal Law from Davanagere, Karnataka
1. It was mistake to file the case u/s 2oo crpc as private complaint has no teeth to cause any effect on the in laws.
2. You should have moved the Magistrate to get direction upon Police to register FIR.
3. Now, ask the court to issue search warrant to the same ca be executed to seize your articles from Allahabad.
4. You should now file a case under PWDV Act under which you can claim for maintenance and provision for stay.
5. Give them chance to settle the dispute. IF you find remorse ih your husband then bury the hatchet and reconcile with your husband.
1. Has the notice been issued by the JMFC? If yes, have your mother-in-law and her relatives appeared in the court?
2. The lawyer has no business to contact you outside the courtroom, much less threaten you. If he feels the case is liable to be dismissed he can argue on this point in the court. Your mother-in-law and her relatives are free to move the High Court and Supreme Court. As and when they go for quashing of the case you will be given an opportunity to rebut their case.
1) Domestic Violence car can be filed where you are residing. There is no limitation of time as well . There's no reason why the advocateil of the respondent should threaten you, he has no right to do so. Just ignore him.
2) Police is not the authority to decide what you need to to do to protect your rights.Good that you filed a petition under s.200.
3) Oppose their move to quash the 498A case.
1. Is your husband with you?
2. It is a fact tat your 498A case/complaint is not maintainable at Karnataka since the cause of action took place at Allahabad,
3. You and your husband can go to Allahabad and lodge the 498A complaint,
4. Do not depend on your 498A complaint filed at karnataka as it will be rejected on the ground of maintainability.
Hello Sirs,Thanks a lot for your valuable suggestions in this regard.In my case first we had went to file an FIR in local Police in karnataka itself under section 498 (a),section 3 and 4 of Dowry Prohibition act but the Police said that we are ready for registering FIR but will subsequently very soon transfer this FIR and case to Allahabad subsequently.Fearing to this we consulted our lawyer then he suggested better to file a Personel complaint under section 200 and 202 before the JMFC court.JMFC SUBSEQUENTLY registered our case with a case number and given order to Police to check and register complaint to Police but till date Police has not given his reply in JMFC court and 3-4 dates given by JMFC stating that we are awating Police reply.Then we again approached to concerned Police they said that we are not going to give any B report neither going to file a charge sheet,only reply we will going to give is this case does not comes under our jurisdiction simply.
Please help us by providing some legal Points by using which we can argue and defend strongly before JMFC,High court and Supreme court in question of maintanibility in future so that this case will be maintined in Karnataka only in future also,because of obvious reasons mentioned above.Prior to this case we had already filled a Domestic violence case before the same JMFC court,subsequently we had filled this case under scetion 200.can court considers this Point that a DV act case has been already filled in same JMFC better not to transfer this case to Allahabad or DV act case will also be transffered along with this 498 a case to Allahabad.Is Jurisdiction point also applicable for DV act also for maintainbility? Or it is maintanable in Karnataka itself.Please help us as me and my family has been subjected to extreme cruelty by the hands of my in laws for 5 years now at least we want some justice given to us.
Asked 2 years ago
1. At this stage you should let the police file its reply. The further legal recourse can be charted out after the reply is submitted by the police.
2. If the judge dismisses the case then you can challenge his order in the High Court or Supreme Court which can restore the case in Bangalore.
3. DV case and the complaint you have filed to the magistrate are two different cases. None can be dismissed due to the filing of the other.
4. The case has to proceed further and taken to a logical conclusion in Bangalore itself. You are on the right path. Just wait for the police reply.
1. The case is not maintainable at Karnataka as per law since the cause of action didnot arise at a place where the karnataka police station has jurisdiction,
2. Your this step from the begining was faulty,
3. You are required to lodge the said police complaint at Allahabad as suggested in my earlier post,
4. Alternatively your lawyer can pray before the JMFC to direct the karnataka police to register the FIR and send it to Allahabad police station as promised by them.