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Q. J&K DV Act,2010

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Anonymous

posted 9 months ago

Q.J&K DV Act,2010
Mujhpr fake DV case Kiya Gaya mere wife k taraf se. Mai rehne wala Hu GURGAON, State Haryana Ka. Jo wife hai wo rehne wali hai Bihar ki. Lekin wo Apne ma baap k Sath KASHMIR me rehti hai. JMC first class ne uska Application dismissed-disposed off kr Diya or order pass Kiya ki ye mamla hai Haryana state Ka jaha central DV Act,2005 hai lacks of jurisdiction file ko disposed kr Diya.
Un logo ne phir session court me Criminal Appeal Act cr.pc 497 under section 1 me Kiya.

Phir Uske wakil ne ek example Diya high court j&k Ka jisme ladki rehne wali hai Jammu ki or wo Faridabad Haryana me rehti thi Apne husband k Sath. Usne Jammu se DV act, 2010 j&k Kiya Jo high court ne us ladki Ka jurisdiction Jammu mana ye kehte huwe ki wo temporary rent pr Apne father k Ghar k pass rehti hai.is case me ladki Jammu ki rehne wali hai.

But sir mere case me hum dono j&k k bahar k hai. Mai Kabhi Bhi KASHMIR me nhi raha na MERI shadi bhi nhi huwa hai KASHMIR me.

Mera question ye hai sir ki govt ko DV act me ye likhne ki jarurat kyu PADI ki DV act 2005 not extend to J&k. Phir Bhi case filed ho jati hai j&k DV Act, 2010 me.
Agar koi kanyakumari me rehta ho or uski wife Jo j&k Ka na ho waha Jaye or case kr de to phir kyu banaya govt ne 1 desh me 2 kanoon.

Mai bahut pareshan Hu sir. Maddad kare

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 9 months ago

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A. ) Dear Sir,
There are two things you have mentioned.
One is fact and another is law.
I will focus on law.
Please have a look to the following:
No law or Act passed by Indian Parliament is applicable to State of J&K unless it pertains to Defense, Foreign Affairs or Telecommunication.

The reason for this is that J&K was a princely state that as a temporary measure choose to seek help from India when it was suffering an invasion from Tribal's with support of Pakistan Army. So in real sense J&K is not an integral part of Union of India till date but is only on an arrangement served by Article 370 which acts as a bridge between India & JK.
J&K has its own Constitution and Flag and J&K is the only 'state' in India with an assembly term of '6 Years'. For any law passed by the Indian parliament to come into force in the State it needs to be also presented in the State Legislature where elected representatives pass it. However this doesn't mean central rules apply to state but it only means that any new law added is only further adding to the separate J&K constitution.

There is also J&K Protection of Women from Domestic Violence Act, 2010, which you have already mentioned.This is 22 page document. Please have a look which applies to you.
Shanti Ranjan Behera
Advocate

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Anonymous

Replied 9 months ago

They are File case Jammu and Kashmir protection from Domestic violence Act, Under Section 2010.

That time JM First class Passed order on 14-08-18 Dismissed-disposed OFF. Lacks of jurisdiction.
Because she is not permanent resident of J&K. I will never stay in domestic relationship at J&K. Her father is shopkeeper in j&k.
She is from Bihar I'm from Haryana. Now she is going to Criminal Appeal in session court. Same case. Cr.pc 497 section 1

Now unke advocate ne ek case show Kiya hai season judge Sahab k samne ki Matter hai 2017 Ka jisme ladki Jammu ki rehne wali hai or jab uski shadi Hoti hai to kuch din tak ladka ladki Jammu me domestic relationship me rehte hai. Phir Faridabad Haryana AA jate hai. Jaha us ladki k Sath domestic violence hota hai. Ladki Jammu ja Kar case file Karti hai. To jmc udhampur us ladke ko notice bhejti hai.. lekin ladke ne high court me petion dalta hai ki uska case J&k me na ho. But phir Bhi uska petion rad Kar Diya jata hai. Case hai aap Bhi Dekh sakte hai.. Gurvinder Singh Vs ikbal Kaur and anrs

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Shanti Ranjan Behera

Experience: 22 Year(s)

Replied 9 months ago

Dear Client,
You can book a telephonic consultation through vidhikarya.com
Shanti Ranjan Behera
Advocate

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 9 months ago

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A. ) Dear Sir,
Better take help of your friend and get it translated into English so that you will get appropriate replies from number of experts.

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