Armaan Arora (nil) 22 March 2013

Jurisdiction / domestic violence case

Hi all,

My parents are domicile of jammu. Last year my father filed for divorce after 31 years of marriage. My mom doesnt want to give divorce. However, We raised the point of jurisdiction in our appeal which last month got rejected in the family court.

Now the major confusion my family is facing that My mother doesnt want to give divorce to my father and wants to keep the case linger on for years so that the main divorce case doesnt start.

secondly Our previous lawyer has suggested to file for a domestic violence case in the start of the case but we did nt file for it as we didnt want the main case to start.

Now is there any way that mom files for domestic violence case and parallely the dicorce case keeps on lingering because today i came to know that if we appeal in the high court regarding the decision of the family, the divorce case filed in the family court will go on as per procedure.

Please advice as what to do because 1 month given by family court to appeal in high court gets over on 26th March

Regards
Armaan

Reply Follow

5 Replies

ashoksrivastava (scientist) 22 March 2013

Hi Jurisdiction of filing Dv case is as follows:(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which— (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act. (2) Any order made this Act shall be enforceable throughout India regards ASHOK

Armaan Arora (nil) 22 March 2013

Thanks for the prompt reply sir but could you plz explain in simple language what exactly it meant

Regards

Armaan

vera (none) 22 March 2013

HI Armaan. Your mother can file Domestic violence case from whereever she is residing (temporarily Or permanently). Now also your mother can file it and seek reliefs.

Regarding the divorce case you said you filed appeal in family court- this appeal was against which order u have not specified.

You said some Jurisdiction ground was raised by your mother's side- have your father filed divorce from other city where your mom is not residing? If yes and if states are also different then you can approach Supreme Court to get divorce case transfered.

In divorce case file for interim maintenance under Section 24.

Armaan Arora (nil) 23 March 2013

Thanks for the reply sir.

My father is a govt employee and he recently got transferred to harayana.
His salary is above 3lacs per month, He is travelling down to mumbai on every court date from haryana. He has filed the case in mumbai family court. Me n my mother stay in navi mumbai only. Me and mom have hardly any fincances. He stopped giving mom 15k 8 months back.

We dont want to give divorce. Our application was to how can he file a divorce case in mumbai court when the marriage was solemnised in jammu and they( includes my mom) being a resident of jammu

we dont want give divorce and also want to file domestic violence case.

Is this possible at the same time

Regards

Armaan

vera (none) 25 March 2013

Hi Armaan,

Since both the parties resided in Mumbai and your mother is still residing there the case does have Jurisdiction in Mumbai. Regarding filing Domestic Violence case is concerned Yes you can file it now and claim residence and other reliefs for your mother. Filing of Domestic Violence does not mean one agrees for divorce.

Take Care,