Re: [IAC#RG] Advice on a CAW matter of Delhi Police

The Police case should be registered in South Delhi. The Civil cases can be instituted in Karkadooma Court (East Delhi). Your cause of action for East Delhi is not strong as for South Delhi where the 498A took place.

Look at it from the investigative agencies point of view. How will East Delhi Police properly investigate something which took place in South Delhi.

Sarbajit

On Fri, Apr 12, 2013 at 2:29 AM, Lalit Mohan Sharma <lmsdelhi@yahoo.com> wrote:

 Dear Friends

Kindly provide me the advice on a matter related to CAW (Crime Against Women) cell of Delhi Police:-

 

A girl (resident of Ghaziabad, UP at the time of her marriage in 2010) is married to a boy based in South Delhi in 2010. Later it was found that Boy was already married. So the girl left her in-laws place and due to family and social problems started living with her cousins/maternal Aunty in East Delhi instead of her parental home in Ghaziabad. And he is living in East Delhi for last about 2 years now. 

On this basis, she gave a complaint (u/s 406, 498A)  to Delhi Police CAW Cell in East Delhi, but the boy and his family managed to convince / persuade police of East Delhi that she (the Girl) is not resident of East Delhi (by whatever wrong means) and got the case/complaint transferred to South Delhi (where the Boy's family is residing), only to benefit the boy and his family as they are living and also running their Hotel business in South Delhi.

In the meantime time Girl has got affidavit from court  and also got Election Commission's Voter ID Card to prove her residence in East Delhi and they are placed on record in the complaint file.

Now I want to know that:-

1.       Wheather the case  of 406/ 498A in this situation be registered at the girl's present  place of residence in East Delhi merely on ground of her staying here and not in Ghaziabad /or South Delhi?

2.       East Delhi Police says there is no cause of action in East Delhi, We say that the girl asked for refund of  her Istri- Dhan (Gifts given to girl at the time of marriage) while staying in East Delhi and her in-laws refused her request. We say that this is cause of action for police to register the case in East Delhi. But police is not accepting this.

 

Kindly provide any sections  of IPC /CrPC or any High Court/ Supreme Court orders / directions in this regard which can be helpful to the girl & her family and put before Delhi Police senior officers at PHQ for getting the case registered in East Delhi Police/Courts jurisdiction.

 

Thanks

      

   JAI HIND   

 Lalit Mohan Sharma