• Divorce case. Filling divor from another state

My wife reside and work in karnal and her parents are in dehradoon. We both are living together for 14 years now and living is same own house of my father and having lot of conflicts and planning to get divorce.

Queries:

1) She is planning to file 498 and DV from dehradoon going there. Is it possible to file from different state when her job is here and living in my house.
2)
Does she has to leave karnal house permanently and show that she is staying there to file DV and 498 from there. 
3) can 498 be filled in dehradoon as we have been living in karnal since last 14 years.
4) also she is planning to file 107 ipc in karnal. Can you shed light as what is this and how to safeguard and get protected from this.

Suggest any good lawyer in dehradoon.

Thanks
Asked 5 months ago in Family Law
Religion: Hindu

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9 Answers

Wife can file 498 A case on Dehradun if part of cause of action has arisen in Dehradun .in other words if incidents of dowry harassment have arisen in Dehradun she can file case from said city 

 

The proceedings under the Domestic Violence Act are to be filed in the Court of Judicial Magistrate, First Class or Metropolitan Magistrate within whose local limits either party resides or gainfully employed or where the domestic violence has allegedly been committed. 

 

2) wife is not required to leave karnal house  for filing cases 

 

3) Section 107 of the Criminal Procedure Code states that the executive magistrate has the power to apprehend any individual for not more than a year on information that a person is likely to disturb peace and public tranquility.

 

4) Instigation is punishable under Section 107 of the IPC, which establishes the general principle of abetment.

Ajay Sethi
Advocate, Mumbai
94809 Answers
7554 Consultations

5.0 on 5.0

Dear sir, 

Jurisdiction in case of matrimonial matters are as follows

1. Matrimonial Resident

2. Current address or 

3. Parental Resident

 

You can email us  to discuss in details at [deleted] since we deal in legal matters PAN India

Neyha Chaudhary
Advocate, Gurgaon
9 Answers

Not rated

There is reaction of an action.  Let ger act then react.  There us no presumtion in law.  You may contact an Astrolodger for your query or wait for her action.

Dalip Singh
Advocate, New Delhi
1085 Answers
36 Consultations

5.0 on 5.0

If she started living in dehradoonthan can file.

Yes.

Yes

No abatement made out. No application of sec 107 IPC.

Yogendra Singh Rajawat
Advocate, Jaipur
22659 Answers
31 Consultations

4.4 on 5.0

1. Yes, wife can file police complaint either in karnal or at her parental house at Dehradun. 

2. No. Karnal house is her matrimonial house so she can live in her matrimonial house. Under DV Act wife is entitled to live in her matrimonial house till she get alternate accommodation and she willingly and voluntarily leave her matrimonial house. 

3. Yes, if wife wish she can file police complaint either in karnal or at her parental house at Dehradun. 

4. To suggest, details are required.  

Siddharth Srivastava
Advocate, Delhi
1246 Answers

5.0 on 5.0

1. If she is managing to produce the local address proof then her complaint under DV act will be entertained 

2. No it is not necessary.

3. Yes she can.

4. The definition of abetment under Section 107, IPC requires a person to abet the commission of an offence. This abetment may occur in any of the three methods that the provision prescribes. (3) intentionally aiding a person to do that thing. When any of these requirements exists, the offence of abetment is complete.

T Kalaiselvan
Advocate, Vellore
85010 Answers
2208 Consultations

5.0 on 5.0

1. Since, he parents are in Dehradun, then she can file the complaint /cases there 

2. She can file complaint for filing 498A  in Karnal only due to cause of action arose in Delhi , but DV case can be filed either of the two places. 

3. No

4. Section 107 IPC deals with offences relating to abetment, i.e.  Abetment basically means the action of instigating, encouraging or promoting a person into committing an offence. 

Mohammed Shahzad
Advocate, Delhi
13267 Answers
198 Consultations

5.0 on 5.0

Dear client,

In India, where both Karnal and Dehradun are located, the laws allow for filing divorce and domestic violence cases in the appropriate jurisdiction. For divorce, jurisdiction is typically based on where the couple last resided together or where the marriage was solemnized. If both of you have been living together in Karnal, it might be the appropriate jurisdiction for filing a divorce case. Regarding the domestic violence case under section 498A of the Indian Penal Code (IPC) and the Domestic Violence Act (DVA), the victim can file a complaint in the area where the offense took place or where she's currently residing. If she's experiencing domestic violence in Karnal, she can file a complaint there.

To file a domestic violence case (under the Domestic Violence Act) or a case under Section 498A of the Indian Penal Code from a different location (such as Dehradun), she doesn't necessarily need to permanently leave the house in Karnal. However, she might need to provide evidence or documentation to support her case and show that she is currently residing or facing the issues in Dehradun. It's essential to understand that legal proceedings require evidence to substantiate claims. If she claims domestic violence or harassment in Dehradun, she might need to provide proof or documentation to support her case, such as medical reports, witness statements, photographs, or any other relevant evidence. As for filing the case itself, it can be done from the place where the offense occurred or where the victim currently resides. 

Section 107 of the Indian Penal Code (IPC) deals with the offense of abetment of a thing. It involves instigating, engaging, or aiding someone to do something illegal. It is often used in cases where someone is alleged to have instigated another person to commit an offense. If your wife is planning to file a case under Section 107 IPC against you in Karnal, it's crucial to understand the specific allegations she might make and gather evidence to defend yourself. Consulting with a lawyer who specializes in criminal law in India would be highly advisable in this situation. You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
8943 Answers
110 Consultations

4.7 on 5.0

1. Yes

2. yes only for harassment she can’t file there

3. Yes 

4. You need to contest it and file quashing in HC if it is baseless 

Prashant Nayak
Advocate, Mumbai
31968 Answers
180 Consultations

4.1 on 5.0

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