How a case is dropped on the ground of lack of territorial jurisdiction
Mohan Singh
(Querist) 05 May 2013
This query is : Resolved
Dear sir,
I got married on 24-4-2012 at kolkata, which the resident of my wife, i reside at Ranchi, .from the 3rd day wife was behaving abnormally and threatening that she will put my family behind the bar. 10 days after the marriage my father-in-law came to my home at Ranchi and took her doughter to kolkata saying that he need to change the environment then after 3 to 5 days we will sent back to Ranchi.
after 5 days we call my Father-in -law there he said we will not send my daughter to Ranchi.
we tried to find the reason bend not sending her daughter to ranchi but we failed to get the same.
then on 18th-may-12 i sent her a legal notice with the help of a lawyer to sent back his daughter to my resident in order to live my marriage live else i will file RCR.
In reply to the notice he said we will not sent her to Ranchi as Ranchi is an insecure place.
now after a year of marriage she has filled Maintenance case 125cr.p.c against me in katihar court.
My Lawyer in the petition said that The the katihar is not under juridiction area as boy Reside in Ranchi and Girl resident is at kolkata and marriage sermonized at kolkata to please drop the case on the ground of Lack of territorial jurisdiction but my case was not dropped.
Now kindly suggest as to how to make the judge to drop the case on the basis of jurisdiction.
Give me suggestion how to proceed further.
I have also said that i am unemployed person.
Guest
(Expert) 05 May 2013
You have not stated, what has been said in the petition by the opposite party to justify Katihar as the jurisdiction?
V R SHROFF
(Expert) 05 May 2013
If she normally reside at Katihar , or her residential address is katihar at the time of filing 125 Cr pc, it is a correct Jurisdiction.
Other Jud like place of marriage/ ur residence/ ur matri home are not relevant .. OK
See Title Address of ur wife, it must be Katihar. & then Juri is OK.
Nadeem Qureshi
(Expert) 05 May 2013
I completely agree with Mr. Shroff
R.K Nanda
(Expert) 05 May 2013
agree with experts.
prabhakar singh
(Expert) 05 May 2013
The jurisdiction of cause of maintenance is also the place of residence of wife.So there must not be much hue and cry on your part.
Devajyoti Barman
(Expert) 05 May 2013
Check whether the wife has stated Katihar to be her current residence. A residence can be temporary and if she says so then the case is maintainable. However if she states her address to be that of Kolkata, then the case is not maintainable.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 May 2013
These are the normal tactics to exploit gender based laws.
There will not be any straight solution. There must be pleadings about Katihar so go and find out the actual details and produce counter evidence.
At the same time file RCR but utmost care has to be taken for both these actions. Such problems can NOT be solved by seeking advice on FREE public sites like this.
More over HOW DO YOU KNOW OTHER SIDE IS NOT SPYING ON YOU SO IN THE PROCESS ALL YOUR STRATEGY WILL BE DISCLOSED AND ELEMENT OF SURPRISE WILL BE LOST.
This is the problem which may affect your future life so act wisely and get the services of legal experts in the field .
TO WIN COUNTER ACTION MUST BE DECISIVE, PRECISE AND WITH FULL FORCE.
R.K Nanda
(Expert) 05 May 2013
no more to add.
Mohan Singh
(Querist) 05 May 2013
she has mention katihar as a present address.
one more thing if she file 498a and DV from the same katihar court then it can be drop due to lack of jurisdiction area or not.
prabhakar singh
(Expert) 05 May 2013
When she has mentioned katihar as a present address,then her case is within jurisdiction.
Raj Kumar Makkad
(Expert) 05 May 2013
If Ktihar is her temporary place of residence then the maintenance case has rightly been filed therefrom and so far as 498A case is concerned, it can be got quashed on the ground of jurisdiction from high court.
Mohan Singh
(Querist) 05 May 2013
i am an unemployed person. what will be the result of 125 cr p c
ajay sethi
(Expert) 05 May 2013
if wife is unable to maintain herself you are bound to maintain her . unemployemnt is no excuse . however quantum of maintenance is decided considering your income in mind .
Dr J C Vashista
(Expert) 11 May 2013
I concur experts advise, nothing more to add
