Question on jurisdiction of Trial Court

[Udar Ojha]

Scenario: A girl and a Boy got married on 01.07.2016 in Mumbai and settled there. After 1 year of marriage a dispute between them happened and the girl left Mumbai on 30.06.2017 and settled at her father’s house in Lucknow.

On 01.10.2017 she got an FIR registered against the Boy at Lucknow alleging that she was harassed, beaten and thrown out of her matrimonial house on 30.06.2017 for the sake of dowry. Also, she alleged that she entrusted the stridhan to the boy and when she demanded it back on 30.06.2017 he refused to return it. She further alleged that on 01.09.2017 the boy came to Lucknow and asked her for early divorce otherwise she should be ready to face dire consequences. The police file an FIR at Lucknow u/s 498a and 406 IPC. The boy challenged the jurisdiction of Lucknow court to try the case as no offence of 498A and 406 occurred at Lucknow. No offence under 498A (a) or 498A (b) or entrustment/demand/refusal of stridhan happened at Lucknow so on what grounds would Lucknow court would have jurisdiction? Kindly comment.

[Dr. Ashok Dhamija]

While I do not know the full facts of your case and I have not seen the FIR or the investigation papers, generally speaking in cases under Section 498-A and 406 IPC, several continuing incidents of cruelty are mentioned. If multiple incidents are shown (as you have referred to an incident of 01.09.2017 at Lucknow), then the jurisdiction lies at any of the places where part of the transaction or part-incident has taken place. In your case, in that scenario, the jurisdiction can be at both places.

However, for getting a more accurate opinion on the basis of the actual detailed facts of your case, as mentioned in the FIR itself or as revealed in the subsequent investigation, please show your documents to some local lawyer.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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