Jurisdiction of court
Arvind Singh Chauhan
(Querist) 12 May 2012
This query is : Resolved
Sir,
In 125 trial, I raised objection in court that neither husband nor wife resides or resided within district.
My objection was dismissed as I could not prove that, wife is residing in another district. But during the hearing of application for interim maintenance, wife submitted some documents which shows she is residing in another district.
Whether issue of jurisdiction can be raised again at this stage ?
ashutosh mishra
(Expert) 12 May 2012
If Time has not expired file the revision.
ajay sethi
(Expert) 12 May 2012
agree wit ashutosh mishra
Shonee Kapoor
(Expert) 12 May 2012
File revision.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 13 May 2012
In Final Agruement, you point out, you objected for Jurisdiction, and it is proved that this Court have no Jurisdiction . You already had taken Objection to Jurisdiction, so you will win.
ashutosh mishra
(Expert) 13 May 2012
With due respect to sir SHROFF i disagree with his opinion.Since issue of jurisdiction has been already decided by magistrate,it can not be re agitated again before magistrate.If limitation for revision is expired and it is not possible even taking resort to section 5 for condonation of delay,then you can re raise only in upper court if such an occasion arises before you,filing appeal etc.after decision on merit by the magistrate.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 May 2012
Every wrong has a remedy , fathom deep and you will get way out.
Since the issue has far reaching effects so this site is not the proper forum to get proper course of action.
SINCE IT IS A FREE SITE SO EVERY BODY GIVES OPINION AS PER HIS / HER PERCEPTION BUT NOT BOUND FOR RESULTS.
venkatesh Rao
(Expert) 14 May 2012
You should have filed revision. Now you cannot again set up same defence before the ame court.
