• 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 1 year ago in Criminal Law from Davanagere, Karnataka
Religion: Hindu
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.  
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
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.

Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Hello,
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.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0

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