Jurisdiction of jmfc in hama case.
ad
(Querist) 20 June 2013
This query is : Resolved
Sir,
Good morning,
Earlier in my query i asked a question in deft reg. my wife files cases u/s, 498-a,406, sec.-125,sec.9, sec.18 of HAMA and sec.405,406 etc.
I have filed application for objection in sec18 of HAMA case that J.M.(First Class) has no power to decide this case, it should go in family court of akola or in Sr. Division of Akola.
but the court has rejected the application that the family court of akola has jurisdiction only for akola municipal area.
than i had filed W.P. in nagpur, who was partly allowed and H.C. asked to JMFC that how he has power to decide the case under section 18 of HAMA and return to JMFC. than JMFC had given the decision that as per sec. 15 of CPC "every suit shal be instituted in the court of lowest grade competent to try it". and the claim in this case is under his pecunary jurisdction. and also provisions of sec. 20 of CPC "a suit shall be instituted in a court within local limits of whose jurisdction, the cause of action, whollyor partly arises". and further dismiss the matter and allowed that JMFC has power to decide the case sec. 18 of HAMA.
Pl guide me urgently.
What should i do now. whether challange it, if yes than on which ground. and any other material is there to chalange it.
with a request for urgent help/advise.
Regards,
Adv Archana Deshmukh
(Expert) 20 June 2013
It is not JMFC, the same court of JMFC is the court of civil judge junior division while handling civil suits. A court of CJJD is competant to handle suits u/s. 18 HMA if the pecuniary jurisdiction permits it to grant the relief claimed.
Adv Archana Deshmukh
(Expert) 20 June 2013
It is not JMFC, the same court of JMFC is the court of civil judge junior division while handling civil suits. A court of CJJD is competant to handle suits u/s. 18 HMA if the pecuniary jurisdiction permits it to grant the relief claimed.
Raj Kumar Makkad
(Expert) 20 June 2013
I do not find any illegality in the order passed and therefore the scope of appeal is bleak.
V R SHROFF
(Expert) 22 August 2013
Mr. AD
YOU CAN'T GO TO FAMILY COURT Alola,
as u r residing in rural area.
ur case is in Civil court Jr. Division,
so hv Jurisd.
