Jurisdiction of court

Querist : Anonymous (Querist) 25 January 2012 This query is : Resolved
The petitioner filed a case of Restitution of Conjugal rights in the Family court of the place where she is residing(under section 19 iii(a)of H M Act.But the respondent has contested about the jurisdiction of that court.Please give any case laws in support of the petitioners defence.

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Shonee Kapoor (Expert) 25 January 2012
If you mean where the Respondent is residing, that court has the jurisdiction. You don't need citation, just need to open the bare act of Hindi Marriage Act.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 25 January 2012
There is no error. The case can well be filed in the place where the respondent is residing.

Advocate M.Bhadra (Expert) 26 January 2012
If the Petitioner is wife then she can file the suit where she is residing at present.So it is proper jurisdiction.

V R SHROFF (Expert) 26 January 2012
"In case the wife is the Petitioner, where she is residing on date o presentation of the Petition, or]
So it is proper jurisdiction" under sec 19 [iii-a] The Hindu Marriage Act, 1956.
No need f citation in clear Act

Shailesh Kumar Shah (Expert) 26 January 2012
Act speaks itself, no need for citation.

Advocate. Arunagiri (Expert) 26 January 2012
Tomorrow I am expecting a query from the anonymous as follows:-

Why the civil courts are following CPC?

Why the criminal courts are following Cr.P.C.?

Raj Kumar Makkad (Expert) 26 January 2012
I have also similar views as expresed by my learned friends.

Naresh Kudal (Expert) 26 January 2012
when act itself have clear provision, no citation is required.

prabhakar singh (Expert) 28 January 2012
no more to comment. Authors must not insist for citations for every issue.

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