Now, can we contest for jurisdiction?
Arka Foundation
(Querist) 07 May 2011
This query is : Resolved
Dear Experts:
In a case I deal with is a follows:
One first day of marriage wife said to husband that “I’m not interested in the marriage” with the newly wedded husband, husband felt bad on this part and later said it “you are free to take your own decision”, then wife deserted husband.
Later Wife filed 498a, maintenance, and divorce at her convenient place [wrong jurisdiction]
The Marriage, Last resided Place, dowry given place [as their claim in FIR] everything is at husband place.
In between maintenance decree got exparte, then husband filed filed a set-aside petition with condone delay after 90 days, at this moment husband did not contest about the jurisdiction just to get rid out of maintenance from such a wife who is well qualified and did not stay with him even for one full day.
Que"n:
In his first counter of 498a case[which is shortly for adjournment] can he contest for jurisdcition, if so, would there be any objections by the other party
that he did not contest in maintenance
case
Please advice
adv. rajeev ( rajoo )
(Expert) 08 May 2011
you can contest the case on the ground of jurisdiction in 498A. You challenge the FIR in the high court
R.Ramachandran
(Expert) 08 May 2011
Dear Mr. A.F.,
The question is not 'whether they will object". Take it that the opposite party will definitely object. The question is, if they so object, do you have an effective answer for that or not. There lies the point.
Advocate. Arunagiri
(Expert) 08 May 2011
Even if you dont contest the jurisdiction in the maintenance case, you can raise this point in the 498A.
Kanhaiya Singh
(Expert) 10 May 2011
Hello,
There are certain stages like the stage of cognizance, framing of charge etc when you may challange the issue of jurisdiction in the case before the same court. However, it can also be raised before the Hon'ble High Court. The point of jurisdiction can be raised at any time even in belated stage.
