decree of divorse . . .jurisdiction

Adv. Virendra (Querist) 14 December 2010 This query is : Resolved
In a case I am representating wife. We file application for maintainance U/s 125 of Cr.P.C.
Then the husband came with a decree of divorce issued by Civil Judge Junior Division saying that the divorce has already taken place and lumpsum amount has been paid as maintainance.
Is such a decree is null and void because it is taken from Junior Division,can anybody give me any citation on this ??
ALSO I have not signed any such petition of the so called decree.

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adv. rajeev ( rajoo ) (Expert) 14 December 2010
It is wonder how come the junior division entertain the petition for divorce and granted it? Junior division has no jurisdiction to entertain the divorce petition. Jursdiction lies with senior civil judge/ Dist judge court( in case of of special marriage act).
It does not require any citation challenge the decree.

Khaleel Ahmed (Expert) 14 December 2010
Query lacks date of decree.

Kirti Kar Tripathi (Expert) 14 December 2010
you can file writ against such decree as it is without jurisdiction and nullity.

Kirti Kar Tripathi (Expert) 14 December 2010
moreover, it can not be given effect too.

Devajyoti Barman (Expert) 14 December 2010
yes. It is not a question of jurisdiction but of competence of court which goes to very root of the matter.

Kirti Kar Tripathi (Expert) 15 December 2010
agree with Barman. Lack of competency of Court is also exists in this case, which renders decree as void and nullity