GAURAV SHARMA 15 January 2024

Jurisdiction of filing case under section 20 of hma for maintenance of child from mother

I WANT TO FILE A MAINTENANCE CASE OF MY 7 YEAR OLD SON FROM HIS GOVERNMENT EMPLOYEE (WORKING MOTHER) UNDER SECTION 20 OF HINDU MARRIAGE ACT. AS PER LAW AND JUSTICE BOTH PARENTS ARE LIABLE TO MAINTAIN THEIR CHILD DURING THEIR LIFE TIME. MY WIFE HAS COMPLETELY NEGLECTED OUR CHILD. KINDLY GUIDE ME WHERE CAN I FILE THIS MAINTENANCE CASE

(1) OUR MARRIAGE WAS SOLEMNIZED IN DELHI AND OUR SON ALSO BORN IN HOSPITAL OF DELHI SO HIS BIRTH PLACE IS DELHI.

(3) MY SON IS SCHOOLING IN DELHI SINCE 2021

(3) MY WIFE IS RESIDING IN DIFFERENT STATE.

I WILL BE VERY GRATEFUL IF ANYBODY CAN GIVE THE CASE NAME AND REFERENCE FOR JURISDICTION OF FILING THIS CASE.

Reply Follow

1 Replies

T. Kalaiselvan, Advocate (Advocate) 15 January 2024

Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded and, except in a petition under section 11, shall also state that there is no collusion between the petitioner and the other party to the marriage.

Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction:— (i) the marriage was solemnized, or (ii) the respondent, at the time of the presentation of the petition, resides, or (iii) the parties to the marriage last resided together, or 2[(iiia) in case the wife is the petitioner, wher she is residing on the date of presentation of the petition; or] (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]