• Can I file DV case from my parents' place, a different state

I'm married since 3 years but facing harassment by in laws since day 1.  My father inlaw is retired and MIL working in a government company. My MIL use to torture me tount me on very minute matters, depriving me of basic things including proper food. My inlaws are very rich but they are extremely money minded. They demanded lot of things from my family at the time of marriage and even after that and even forced me to job and took my card. My husband is also dependent on them in every way. My in laws specially MIL and sis inlaw use to abuse me verbally,physically threatning me to throw out of the house every single day along with tounting on what my parents had given on marriage. In the initial days my husband use to support me and even fought with his family when they use to force me to leave the house but one day they forced both of us me and my husband  to leave the house and we had no option but to settle in other city in a rented home. We faced extreme financial probkllem and on top of that my inlaws use to call my husband daily forcing him to leave me. They talk for hours with my husband and instigate him against me and literally forcing him to leave me. I even have some of these voice revordings of my inlaws where they are instigating my husband agsinst me and my family using abusive bad words. This is being done since 1 year and because of all this my husband  becomes very angry and he in turn fought with me every single day and last month he told me to leave the house since he said he is fed up of all fights. I'm in the one who was tortured by in laws inlaws initially and then by husband on instigation by his parents. 

Right now I'm staying with my family since I was forced to leave the house by my husband but after that we even went to their state for a meeting but there also my MIL and sis onlaw started abusing us, things got very dirty. Now im at my parents place which is a different state where my inlaws reside, so can I file domestic violence case or fir from here. Since i consulted a local advocate here who told me DV or other cases can be filed from the place of incidence which is my inlaws state. So just clear a little in detail how to file case from my residence state since i dont to travel so much every month for hearing. Also I stayed with inlaws for 6 months and then few months with husband in another city but more than half of the time at my parents place because of the quarells. No one use to call me at any festival of showed their responsibility even when I was ill. Its my parents who have to do all. What other legal things can I do against my in laws and husband, what would be its consequence and can i do all this from my residing state. Will these recording be any kind of proof. My MIL and sis in law have been the main cause of this in torturing me and instigating my husband against me all throughout. Any help would of greatly appreciated. Thank you.
Asked 1 year ago in Family Law from delhi, Delhi
Religion: Hindu
Dear Querist
as per secttion 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. 
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1) you can file domestic violence complaint against your husband , mother in law and sister in law in the magistrate court from place wherein you are presently residing 

2) it is not necessary for you to file a complaint only from the place wherein you resided after marriage 


3) seek alternative accommodation , maintenance , compensation for mental torture undergone by you  
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0

Hi  Jurisdiction of filing Dv case is as follows:(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  
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1. You can file the DV case at the place where you are residing. One is not required to appear personally in the court on every hearing as the presence of the lawyer suffices.

2. Phone recordings constitute valid proof which can be used in the court. You may file the case against your husband and in-laws or only against in-laws depending on the nature of domestic abuse suffered by you. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) as per domestic violence act aggrieved person can file complaint wherein she is temporarily residing . it is not necessary to show that incident occured in place wherein you are residing temporarily 

2)As per Section 27 of the Act, the aggrieved person can file a complaint even from her temporary address.  Section 27 of the Act reads as under :-
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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 under this Act shall be enforceable throughout India
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
Rajasthan High Court
Deepak Kumar Aswani vs State Of Rajasthan Through P P on 9 September, 2011
    

 
 
 

 SB Criminal Revision Petition No.811/2010
Deepak Kumar Aswani  Vs.  State of Rajasthan & another

Date of order							9.9.2011

HON'BLE DR. MEENA V. GOMBER, J.

Mr. J.P. Gupta, for petitioner
Mr. Sanjeev Mehla, Addl. Govt. Advocate, for State
Mr. V.P. Yadav, for non petitioner no.2

	The petitioner (complainant) has filed this revision petition against the order dated 11.5.2010 passed by Sessions Judge, Ajmer in Criminal Appeal No.165/2010 whereby petitioner's appeal had been dismissed and the order of Judicial Magistrate No.1, Ajmer dated 16.4.2010, rejecting his application under Section 27 of the Protection of Women from Domestic Violence Act, 2005 (hereafter to be referred as 'the Act'), had been upheld.
	Brief facts giving rise to the present petition are that non petitioner no.2, wife of the petitioner, filed a complaint under Section 12 read with Sections 17, 18, 19, 20, 22 and 23 of the Act before the Chief Judicial Magistrate, stating herself to be resident of Delhi Gate, Ajmer, claiming stridhan, right to residence, maintenance and compensation, which came to be transferred before the Judicial Magistrate No.1 Ajmer.
	During pendency of the Criminal Case no.242/2009 titled as Smt. Deepa  v.  Deepak Kumar & others, the petitioner filed an application under Section 27 of the Act stating therein that so as to create jurisdiction of the Court at Ajmer, the complainant wife filed fictitious address of Ajmer, whereas she is resident of 12-D Lal Bag, 
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Radhanpur District Patan (Gujarat), and has never resided at Ajmer permanently or even temporarily or conducted any business or work at Ajmer.  His contention was that her complaint deserved to be dismissed on the ground of jurisdiction alone.
	Opposing the application, non petitioner (wife) contended that her father Mr. Bhagwan Das Mulani, was a bona fide resident of Ajmer and house No.3/266, Delhi Gate, Ajmer was their ancestral house, where they lived even at the time of her marriage and that her father lives in Radhanpur (Gujarat) in connection with his business.
	So far as other facts of the main petition are concerned, they are not subject matter of this revision petition, therefore, the facts relevant for the purpose of application under Section 27 of the Act, are being looked into.
	I have heard the learned counsel for the petitioner as also the non petitioner and have perused the record and the order impugned.  The main grievance of the petitioner was that there were various documents showing that the non petitioner Smt. Deepa was living with her father permanently in Gujarat and that she had never even temporarily, lived in Ajmer and, therefore, the court at Ajmer had no jurisdiction to entertain the complaint filed by her under the provisions of the Act.
	As per Section 27 of the Act, the aggrieved person can file a complaint even from her temporary address.  Section 27 of the Act reads as under :-
				- 3 -
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 under this Act shall be enforceable throughout India.

The learned trial court, as also the appellate court has elaborately discussed the documentary evidence with regard to the address of non petitioner no.1, in particular the legal notice sent to non petitioner by the petitioner himself on 14.4.2009 at the address house no.3/266, Delhi Gate, Ajmer, through his counsel. Learned Judge has observed that this act of the petitioner itself shows that he also admits non petitioner and her father residing at house no.3/266, Delhi Gate, Ajmer, though temporarily. It has also come on record that house no.3/266, Delhi Gate, Ajmer, is ancestral house of her father, wherein she is living in the portion of her father and that her father's brother also lives in his portion. The Legislature in its wisdom has, while enacting this beneficial legislation, which has been brought into effect for the convenience of the aggrieved women, has provided Section 27, which gives jurisdiction to entertain the

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complaints of aggrieved women filed under this Act, even if they reside within its jurisdiction temporarily. Learned Appellate Court has arrived at a conclusion and rightly so, that there is nothing on record to show that Judicial Magistrate at Ajmer had no jurisdiction to entertain the complaint. Admittedly, the petitioner also belongs to Ajmer district and if at all the non petitioner had to harass him, she, instead of filing the complaint at Ajmer, could have filed at Gujarat also. Since the petitioner is also a resident of Ajmer district, therefore, it cannot be said that any inconvenience is caused to him. Learned trial court as also the learned appellate court has discussed all the aspects of the matter.

In my considered view, looking to the totality of the circumstances, in particular the provisions of Section 27 of the Act, it cannot be said that the order impugned, passed by the Judicial Magistrate and affirmed by the learned First Appellate Court, warrant any interference in exercise of revisional jurisdiction of this Court.

Accordingly, the revision petition is dismissed.

(Dr. Meena V. Gomber) J.

Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1) audio recordings are admissible in evidence 

2) it has to be proved that voice is hat of the accused and no tampering has taken place . 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1. first of all you should claim maintenance under section 125 crpc. 

2. in the complaint you should mention reason that due to your in-laws and husband's behavior you can't live with husband.

3. Then you may file petition for restitution of conjugal rights under section 9 HMA. 

4. Don't demand DV case at this stage because they will become possessive and file false case to keep you away from the matrimonial home. You should spend some time in your parent's home and plan to secure your life. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1. if you file petition under DV Act then you have to live with them in matrimonial home. 

2. however DV Act proceeding is not exhaustive. so file maintenance application and restore your married life by filing petition under sec 9  HMA.

3. In proceeding under sec 9  HMA your husband is bound to prove that what is the reason for living separate from wife. 

4. If your in-laws file any criminal case then it shall be considered as cross case for their protection in proceeding under sec 9  HMA. and no coercive action can be passed against you. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Dear Querist
as per section 27 of the D.V. Act the aggrieved person may file a complaint from  
section 27(1)(a) the person aggrieved permanently or temporarily resides or carries on business or is employed;
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Your lawyer doesn't seem to have knowledge of this act. Ask him to see section 27 which clearly states that you can file case from the place where you are currently residing which obviously include your parental place.
 Engage a better lawyer.
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
1. I restate that you can file the case where you are staying.

2. The court can send the voice recorded to the laboratory for an expert report.

3. Your MIL may be suspended or terminated if the complaint is filed against her.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
The domestic violence case or a complaint under section 498a of IPC along with sections 3 and 4 of DP act can be filed in the residential jurisdiction where you currently reside, it is incorrect to say that it has to be filed only in the placeof incidence. Abut the voice recordings, though it may not be considered as primary evidence, it may used as a secondary evidence to corroborate the incidence. 
You may change the lawyer and look for a knowledgeable one to handle such sensitive cases. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1. Your husband is not a kid to be influenced by his mother and sister to leave you,

2. Send a dowry harassment complaint u/s498A of IPC to the police station of your MIL's place marking a copy thereof to the S.P. of that place by speed post and collect the track report of their having received the said post,

3. After that file a DV case before the Court of the place where you are staying. Only 498A complaint shall have to be filed at inlaws place where the incidence took place. DV case can be filed at the place where you are residing.
Krishna Kishore Ganguly
Advocate, Kolkata
12117 Answers
231 Consultations
5.0 on 5.0
1. 498A complaint case shall have to be filed at the place where the incidence took place. You can send your complaint by speed post under copy to the S.P. by speed post. If the police does not take any action file a petition before the court of your inlaws place u/s 156(3)  praying for a direction upon the police to investigate and act based on your complaint,

2. DV case can be filed before the Court of the place where youare residing,

3. Audio recording is very much treated as valid evidence but transcript of the audio shall have to be taken and the person who makes the transcription shall have to affirm under affidavit that he has done the transcription from the original audio recording and the said original audio reording shall have to be preserved properly.
Krishna Kishore Ganguly
Advocate, Kolkata
12117 Answers
231 Consultations
5.0 on 5.0

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