Legal Question in Family Law in India
sir as i live in punjab amritsar and my wife parental house in delhi.
she files a complaint in delhi . after marrige we lived in amritsar and marriage also took place in amritsar. the case she filed is transfer to amritsar or it will be in delhi only. as i read somwhere that the offence where it happens should be in that juridicion only. its just like a murder took place in kashmir and one file scase in kerala. or in law some relief is given to brides
2 Answers from Attorneys
No the case will remain in Delhi as the courts in Delhi have jurisdiction to try this case. THE only reason is that the complainant is a girl and lives in Delhi so the Delhi courts have jurisdiction.
you may approach the Supreme Court and file a transfer petition (crl) stating that the cause of action and the offence alleged was committed in Amritsar and in case the Delhi courts try the offence, it will hamper the investigation. despite the fact, you a husband, but some logical observation may be made by the SC in this matter. in a recent judgement, the SC declined the plea of wife to transfer a 498a case from one state to another. so you may also try your luck.
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