Maintenance
Ramakrishnan.V
(Querist) 07 November 2010
This query is : Resolved
Whether the Maintenance and Enforcement Orders Act of 1921 ousts the Family court's jurisdiction under section 125 of Cr.P.C if the husband is a non resident Indian and the effect of the order is to be executed abroad with which India has mutual agreement. The country is also a common law country. Any one can clarify me?
Ramakrishnan.V
adv. rajeev ( rajoo )
(Expert) 07 November 2010
His residential status does not oust the jurisdiction of the family court. Petitioner/wife can file criminal miscellaneous case where she resides. To execute the order procedure will be followed as stated in the Cr.P.C.
Ramakrishnan.V
(Querist) 07 November 2010
Respected Advocate,
It is the status of the residence gives jurisdiction for the Enforcement and Maintenance Orders Act of 1921, where the jurisdiction is conferred to the District Magistrates if the petitioner is living in rural areas.
The orders if any passed by any civil or criminal court is always provisional and it should be confirmed by the summary courts as conferred under the act.
Hence, it is the residence status that determines the act. Therefore, kindly tell me if it ousts the family court's jurisdiction because such a procedure as contemplated under the said act has not been said in the Family court. Hence, may it mean by necessary implication the jurisdiction of the family court is ousted.
Ramakrishnan.V
Ramakrishnan.V
(Querist) 07 November 2010
Respected Advocate, the procedure is not as per Code of Criminal Procedure and in cases of non resident Indians it is per the Act of 1921.
Ramakrishnan.V
