Jurisdiction Issue in OP after Grant of Interim Maintenance

After grant of Interim maint. and further after payment of the same in my opinion NO.

However like you I will wait for further opinion from Ld. members on this interesting scenario.

Add on reply to "Can some one tell me that whether Jurisidiction can be made an issue in the last minute (in final arguments before judgement)"

If this fact not raised before then NO. However if this fact raised before and interim maint meanwhile granted then this fact can be made as additional issue and could be decided on merit before any other issues are taken.
 

Thank you Sh Prabhakar

 

Sh. Prabhakar

But say just before interim award is about to be announced can Jurisdiction point be raised by way of filing perjury affidavit and is Court duty bound to conduct enquiry or should it proceed with granting interim maint. award then see the jurisdiction objection later ?

Kindly advise your views. 

when wife herself filed application for interim maintenance, can not raise the plea of jurisdiction

i agree with adv prabhakar and arun sir . there is a SC judgement which clearly states matter cannot be transferred at advanced satge. but if in reply to ur petition ws replies it as an issue she can challenge jurisdiction.

Thanks to one and all for your valueble feedback.

To get more clarity let me provide more details in depth. The sequence of activities are  as follows

1) The main OP (for divorce) filed by be Initially.

2) Then counter (Written Statement) filed by her stating that the court doesn't have Jurisdiction. She mentioned very clearly that I was not staying at the specified location (mentioned in my OP) at the time of filing petition. However she didn't specifically denied that we have never resided at the said location

3) After that she filed IA (for interim maintenance) and same granted and I have been paying the same till today as the main OP going on

4) In the Trail, While my (PW1) cross examination there was no question posed or suggestion made that whether I lived at the said location. The only question posed in regard to this is  whether I submitted the address proof or not. No suggestion made that we both never resided at the said loation

5) After PW1 (my self as petitioner), In her Chief Affidavit (RW1) she mentioned the same as in OP that Petitioner  was not staying at the specified location (mentioned in my OP) at the time of filing petition. However she didn't specifically denied that we have never resided at the said location

6) Finally at the time of Respondent arguments, the opponnent advocation insisting only on the Jurisdiction again and again as rest of the points are not favourable to them

I hope this will provide more clarity and depth.

Thank you all for your replies.

Hi,

Please also provide me the Judgements info related to this.