Regarding the jurisdiction in the matter of maintenance proceedings
Adv M.D.Azhar
(Querist) 18 November 2014
This query is : Resolved
Respected experts.
I am defending a maintenance case in which applicant intentionally left her matrimonial house. she also deserted her 6 month child and went to her father's house who lives at A. Applicant and opponent both are originally resident of A. But just harass the opponent she has file an application before the judicial magistrate first class which is situated at B. whole district is changed. Along with her application she has not submitted any documentary evidence regarding the residence at B. Nor at the time of evidence nor any other witness examined who can support her about the residence. Now applicant evidence has been completed opponent evidence also examined. now i want to give the application to the court that this court has no jurisdiction to entertain this matter. so please help me out. And weather court can transfer such case? guide me.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 18 November 2014
U HV raised jurisdiction issue when evidence is taken. Honestly u will not succeed.
Devajyoti Barman
(Expert) 19 November 2014
She can file in any court where she is residing there at that point of time.
Moreover the petition on jurisdiction ground is to file at the very beginning, not now.
End the litigation now than protracting it further.
Rajendra K Goyal
(Expert) 19 November 2014
The objection of jurisdiction raised at evdense stage is too delayed, not likely to succeed.
T. Kalaiselvan, Advocate
(Expert) 19 November 2014
After having slept over the issue for such a long time you are raising this issue after waking up now, this is as good as filling up lacuna now, which may not be entertained by court.
