VJVJVJVJVJ (Professional) 12 September 2012

Application for dismissal of maintenance case for no jurisdi

A maintenance case is filed against me in a court which has no jurisdiction on the subject matter, just to harass me. It has reached a stage of evidence. Can I file an application now for dismissal of case and the case shall not be tried in the court since it doesnt have jurisdiction. I have evidence proving court doesnt have jurisdiciton. But I dont want to step into that place since her relatives have threatened me beat me up and break my legs and file another bogus criminal complaint against me. If I can file an application now, under which section of CPC/CrPC?

Kindly suggest your views to get this case dismissed without I going for evidence and cross at that place.

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2 Replies

Prashant Ghai (Advocate) (PrashantGhai.com) 13 September 2012

Its really tricky to get the case dismissed on the ground of territorial jurisdiction. I won't say its impossible, but don't count on such an application being entertained.

B.N.Raja Mohamed (ADVOCATE) 13 September 2012

Sir,

you say that you are been threatend and beatenup by the relatives of your opponent,it is the right opportunity for you to file apetition before the high court for transfer of the case to some other district than the present where the case is pending as there is a possibility for the opponents to take advantage ofd their influences in the locality.

Inview of section 460(e) and 462 of Cr.P.C. no proceedings held in a wrong sessions division or district or if the magistrate though not empowered to take cognisance shall be held to be illegal.

So, you opt for the first opportunity.