Dear Lawyers,
I filed the case for custody of my minor daughter in tees hazaari courts, Delhi as the address proof of my wife belonged to uttam nagar which fell in the jurisdiction of this court. She took away the child to her mothers house who stays at sahibabad, ghaziabad, up. knowing this i filed an application after about a week to send the summons also to the address in ghaziabad. court approved and the summons were sent to ghaziabad also. after several tries, the summons were retuned unserved and finally refusal report was received, which court took as served and the case proceeded ex party.
after 8 months, the case has been proceeded ex party, even our evidence has been given. now the court ordered to produce the child to my wife and the summons were delivered to her dasti at ghaziabad. after appearing inthe court, the court has passed the order for meeting my child on every 1st and 3rd saturday in the court premesis.
She brought the child on 3rd saturday but did not bring on next due day. on the previous date, her advocate submitted the reply and an application under order VII rule 11 of CPC read with section 151 of cpc to dismiss the case as it is not the jurisdiction of this court.
1. can the application be filed without filing the application for setting aside the ex party order.
2. Can the case be dismissed as per the said rule of jurisdiction. she does not stay at ghaziabad but i dont have any proof. Even the summons were received by her mother.
please help.. thanx
anudeep 9911149509