J&K DV Act,2010
5 years ago
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
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
Better take help of your friend and get it translated into English so that you will get appropriate replies from number of experts.