Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 02 August 2016

Court jurisdiction in family law case

One of my former colleagues is staying with her family in Navi Mumbai. Her son got married in Kerala 3 years back. It was an arranged marriage. After the marriage the son, his wife, his parents and one sister were staying together in Navi Mumbai. The girl's father is employed in Gujarat. About 9 months back the girl suddenly left and went to Gujarat where her father was. Now the family in Navi Mumbai has received a summons from a Gujarat court uner DVA making allegations and claiming monetary compensations against four of the family. One of them or their lawyer was asked to appear before the court. The husband appeared along with his lawyer. It appears instead of open hearing in the court the judge called the husband and wife to his chamber and tried a reconciliation. As it failed he has posted the hearing to a future date. Can this case be fought on the question of court jurisdiction?

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saravanan s (legal advisor) 02 August 2016

The Protection Of Women From Domestic Violence Act, 2005
27. Jurisdiction.
(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which—
(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or
(b) the respondent resides or carries on business or is employed; or
(c) the cause of action has arisen,
shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.
(2) Any order made this Act shall be enforceable throughout India.

she can file the case in gujarat.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 02 August 2016

The jurisdiction of the case is very much maintainable. However the proximity of the distance of the residence of the party as opposed to the court shall be taken into consideration while granting exemption to the parties from personal appearance.

Augustine Chatterjee
Advocate & Solicitor at Law
9999931153