Dismissal of suit
INDIAN
(Querist) 24 July 2013
This query is : Resolved
Respected Experts , My husband has filed Hma13 From x city where as my last residing with my husband was arround 12 months in y city . In x city we stayed on rent for about 18 months . As on date also my husband is residing at y city along with his mother. After knowing that my husband has filed HMA13 I filed my application in HC to transfer the case in my current residing city (I m living at my parents ) on the ground of no income source and recently I have given the birth to my second male child. Now my advocate inform me that from last 4 months notice is not served to my husband by HC with reason adress is not correct. I know that my husband and his family has given the wrong adress of x city to harrase me. Now my query is can I request to HC to dismiss the suit due wrong adress is used to make the juridiction of x city to file the suit of HMA 13?
Dr. Jyothi Vishwanath
(Expert) 24 July 2013
Suit cannot be dismissed on this ground. You can just press upon the court to transfer the case. For your information, even the courts in x city have jurisdiction in this case.
R.K Nanda
(Expert) 24 July 2013
no, u cannot do it.
Raj Kumar Makkad
(Expert) 27 July 2013
You can bring the petition for prejury against your husband on that ground. Furnishing wrong information on oath before the court is not only prejury but also a contempt of court so bring those under this chapter of criminal procedure code.
