Civil Procedure Code (CPC)

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S.B.adil rahman (Legal Consultant )     15 January 2018

Guardian and wards act

NRI US Husband and wife Indian.Marriage solemnized in Rajasthan. Mutual divorce took place in California against payment of 26000 dollars. Wife did not receive the cheque due to fraud played by husband and wife's lawyer. Husband filed a suo moto case  in Ahmadabad family court to satisfy the US court that he is taking care of her daughter as per purported agreement of dissolution of marriage and paying Rs 10,000/- towards daughter's maintenance by getting ex-parte order to fulfil the legal requirement of divorce in US. Wife and child never lived in Gujarat while husband was earlier from Ahmadabad and now settled in USA. Wife wants to transfer the case to Kolkata since the child never lived in Gujarat. The case appears to be for harassing the wife. What is the procedure to dismiss the case of Ahmadabad or transfer the case from Ahmadabad to Kolkata for relief and remedy since Rs.10000/- are quite insufficient to support the child. Wife is also not getting any relief. Please guide.



 3 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     16 January 2018

Sir, That petition is not maintainable in Gujrat because of the jurisdiction issue ..... next is she can move an application for appropriate maintenance to be granted to her for child ..... Warm Regards Kapil Chandna Advocate 9899011450,9911218741 https://kapilchandna.legal

Vijay Raj Mahajan (Advocate)     18 January 2018

Section 9 of the Guardians annd Wards Act,1890 provides The court which has jurisdiction to entertain application is the District Court where the minor ordinarily resdies.

The Respondent wife should move application under Order 7 Rule 14 of the Civil Procedure Code for rejection of the plaint as it is barred by law because it has been filed at wrong jurisdiction, other than which is specifically provided under the Act, the minor ordinarily resides at Kolkata West Begal and not at Ahmabdabad, Gujarat.

S.B.adil rahman (Legal Consultant )     19 January 2018

Thank you very much for your kind guidance.


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