Dismiss of a case in wrong jurisdiction

If you are asked to attend mediation, you should.  There ends the matter.  Filing of divorce and place of filing divorce hardly matters, and jurisdictoin does not play any role in divorce matters when once accepted by either party as to genuineness of it.

It would be wise to go for settlement rather than playing jurisdiction-jurisdiction, only person who will gain is lawyer and only people who will keep losing money and time is you and your husband, nobody else.  Think and act swift, take MCD, bid adeiu to old husband and marry who is compatible with you.  Time and tide wait for none. 

Mediation as in.. the advocate says that i should attend counselling n counter all the allegations. Only then the judge will look into the case and check if it can be dismissed. 

I have submitted all documents related to show that its not under that jurisdiction. But the lawyer says he cannot submit those. the court procedure doesnt allow. 

ALso, his native is in andhra pradesh n we ve a life threat to go there. I have to appoint protection officer everytime we go. Need to also take leaves for 3 days to attend. Hence i need to dismiss the case soon. But the lawyer is not submitting the documents. Is that right?

Originally posted by : anuragi
	Mediation as in.. the advocate says that i should attend counselling n counter all the allegations. Only then the judge will look into the case and check if it can be dismissed.  Yes this is correct procedure.  Your lawyer is correct. I have submitted all documents related to show that its not under that jurisdiction. Jurisdictoin or not, this wont matter. you are married, he has accepted it and you too have accpeted it, jurisdiction does not appear to be the problem here.   But the lawyer says he cannot submit those. the court procedure doesnt allow.  Yes, your lawyer is correct.  There is protocol and procedure, its not your dads house.  Lawyer cant simply dance according to your tunes. ALso, his native is in andhra pradesh n we ve a life threat to go there. I have to appoint protection officer everytime we go. Need to also take leaves for 3 days to attend. Hence i need to dismiss the case soon. But the lawyer is not submitting the documents. Is that right?

Lady, I suggest you involve elders and strike a deal with your husband to take MCD< he is not interested in this marriage, you also dont have much apprehension about it either, better take MCD and save your own time.

Giong for appeal in HC asking for transfer would not serve the purpose, anyway both dont seem interested in living together, you fight in bangalore or vijaywada its the same fight, end result is divorce only.  Better take easier route to reach destination than to waste precious time and youth.

Legally UR husband has to file for divorce either at the place of marriage or matrimonial home or at the place he is residing,he can't file for divorce in his native place,when U have never resided there.U can file a counter immediately to transfer the case to any of the above mentioned jurisdictions.(This advice is only if U desire to get seperated from him.).If U want to really get seperated U can also unilaterly file a counter divorce petition at the place U R residing.

Counselling or mediation stage is not required for transfer of case on the jurisdictional aspect.In the counter U can mention threat to life in the present place of filing of the case.

Thanks for all the inputs sirs! 

I have also recently learned about a preliminary issue of jurisdiction for the cases filed before suit starts. Is it required to be filed before the case starts? We are trying to get the hearing date postponed. Does count as the start of the trail? Can i take the postponement of date and then file for this preliminary issue?

@augustine: Sir, if dismissed, he will be precluded from filing in proper jurisdiction? Does that mean i will have to file the case next time?

@sainath: Sir, i dint quite understand the term unilateral petition. Google search shows for mutual consent. If you dont mind, Request you to kindly elaborate.

@gyan: sir, i cannot fight in his jurisdiction since we ve to appoint a police protection officer everytime we go along with us(they ve threatened us to show their factionism). 3 days leave for each hearing apart from tickets and lodges which are always full. We have already tried to convince him for mutual divorce, which he flatly refused. he has also hidden his employment and hence i assume that he wants alimony from me even after making us bankrupt and stealing away all my gold and other property.

@niki: thanks for the tip. Will work on that.

Unilateral petition means challenging the case from UR side.This is the legal defination.