125 cr cs

Querist : Anonymous (Querist) 22 May 2011 This query is : Resolved

Dear Sir,

There is a dispute between me and my wife.
Matter/ JHAGDA happended between me and my wife in Mumbai. She left the home with child on her own and staying in Mumbai only. But she filed a case in village in maharashtra Only.

I filed my answer and also applied to dismissed the case for the Juridiction can not stand at village. Bcouse matter happened in Mumbai ( She filed in viilage bcouse Wedding done in village )

Can Case be dismissed in village ?

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Guest (Expert) 22 May 2011
SEE THE JURISDICTION UNDER 125 Cr.P.C., DIVORCE, ARE OF SAME CHARACTER. YOU CANNOT QUESTION THE JURISDICTION BASED ON THE CAUSE OF ACTION. NOW SHE IS RESIDING IN A VILLAGE. THE COURT IN THAT VILLAGE HAS ALSO GOT VALID JURISDICTION ON THIS POINT.

Devajyoti Barman (Expert) 22 May 2011
The court in her village has got the jurisdiction as the the wife can file the case for maintenance from her residence for which place of occurrence of alleged torture is not needed.

Arvind Singh Chauhan (Expert) 22 May 2011
I am of the same opinion as above learned seniors.

M/s. Y-not legal services (Expert) 22 May 2011
Yes. Am also agree with experts. I mean the village court having jurisdiction to deal this case.. If you have merits mean file a transfer petition before the high court.. But result will be favour to the wife only.. Very less chance to get transfer.

Guest (Expert) 23 May 2011
Has that not been in the jurisdiction of the court the case would not have been admitted by the court itself. So, unless there is any other specific and solid ground, dismissal may not be possible.

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