Minimum time period limit for jurisdiction in divorce case

A classic brief just like mine !

1. If husband is petitioner then he can file the petition at District Court where the marriage took place if not family court stablished in that district. OR
He can file the petition where the Family Court is established under the same district under family court act 1984..

2. Yes, Family Court once established has overriding effects on ordinary civil court jurisdiction. This is the matter I hv filed at Delhi HC in my case which was filed by my wife but at District Court not at Family court where it should be ordinarily transferred to once Family Court has been establised which is what S. 7 (1) read with S. 8 (ii) Family court Act states. 

3. You mention in the Suit under Jurisdiction that this court has jurisdiction to hear the suit as the parties to marriage last resided together under this Courts jurisdiction.

Rgds.

Dear D. Arun Kumar Ji,

Thanks for the advice.

However the point is I have already mentioned in my petition that the family court has the jurisdiction as husband and wife last resided together in the area of this courts jurisdiction, still the judge has doubts regarfing the jurisdiction on the ground that the period of stay in the area of the courts jurisdiction is less, i.e of only one and half month. is there any citation that you know on this matter, then kindly reply the link. case filed by me is to be decided soon on the matter of jurisdiction

Regards  

1. The Family Court APJ (Aditional Principal Judge) is totally wrong in application of mind as to Jurisdiction to admit the Suit since both spouse lived together in its Jurisdiction for only 1-1/2 months !. In Civil Courts we where the cause of action happened is referred to as Jurisdiction whereas in Criminal Courts it is the cause of action where it happened is called Jurisdiction based on which before either Courts either Suit are argued is my understanding of Law of Jurisdiction.


2. There is nothing called (facts of Law) that the spouse stayed less i.e. 1-1/2 months so a FC Jurisdiction will not be admitted or will be admitted  for a suit! Ask this APJ to simply give reasoning by quoting Authority while dismissing your Suit and then you have choice either to Appeal in 30 days before PJ and or go in for Revision before division bench of HC under Art. 226 / 227 COI which is what I exactly have done.

3. Supreme Court in the case of Smt. Jeewanti Pandey, AIR 1982 SC 3 (supra) held: "it can safely be said that the expression ordinary residence must mean the actual, physical place and not a legal or constructive residence".

4. Which City / District Family Court / State your this case is ?


Rgds..

In family matters women have one up. If the wife requests the court to shift the case to the court where she presently resides, then court generally acceedes to her request. It is rightly held that the place where they resided last is the correct jurisdicaion. No court can deny that unless for specific reasons in writing.

Thanks Mr Valentine For your advice.

The family court at my place is asking me to go to  place where wife is residing, as she has not responded to several notices by this court. To discourage me ,court is raising jurisdiction issue by terming one &half month staying together last at this place as inadequet.They are aski ng me to produce citation of SCI which can justify my case in this court.(jursdiction Under sec19(iii) Of HMA 1955.

Doyou have any citation apart from Smt Jeevani Pandey(1982AIR 3), so that I am able to produce on 24/07/2010.

With regards.

As per my understanding temporary jurisdiction is enough. Please try AIR 1963 SUPREME COURT 1521 (V 50 C 223) 

1. When FC established under FCA, 1984 in any Disatrict the Jurisdiction mentioned in HMA the Act does not hold any water and Family Court Act overrides even HMA the Act hence if couple last resided under the Jurisdiction of established Family Court then the FC has power to hear the Suit.

2. Smt. Jeewanti Pandey, AIR 1982 SC 3 (supra) is SC Law on jurisdiction and is binding what more the Hon'ble FC is looking for !

3. Sh Prabhakar is very right on 3 months eg. illustration.

4. Do one thing, talk to Registrar of the Court or even Filing Counter supervisor and ask what boundry this Famiy Court extends for its inherent Jurisdiction and then see if yoru Memo address comes under that Jurisdiction. I think this will clarify this post and do apraise the findings for readers education.

Rgds

As I have already mentioned, in all family matters females get favourable treatment and the law is always soft on them. Thus, if wife insists on the case being conducted at her present place of residence, the JMFC may accede to her request. This  must be kept in mind before thinking of any other jurisdictional priority. Other replies as to establishment of the FC, last place of residence etc. are indeed correct and have legal value, however, we must appreciate that the court is vested with discretionary powers.

Please also go through the CPC provision of Permanent Place of Residence. In that the SC has opined that no one on this earth can be said to have a permanent place of residence and hence where the person/s lived last for a longer period may be considered his/her place of residence and may provide jurisdiction. However, where the FC is established then the FC will have an overriding jurisdiction in a particular district.

@ Sh. Valentine

Thank you for your opinion. So in a way "a crying baby only gets milk ! so to speak " Jurisdiction is only in books so chalo fir cry karte hai aab