Dear Experts,
A Special Civil Suit filed u/s 18, 20 of HAMA Act in Civil Judge Snr Divsn (CJSD)
Reliefs prayed is x+x per month amount for Plaintiff + child.
Along with it, DV app u/s 18,20,21,22,23 filed in the same court
Reliefs prayed is a) x+x amount for Plaintiff + child. ( sec 20)
b) protection orders c) custody orders d) compensation
e) Interim orders
Now section 26 of DV allows grant of relief u/s 18 to 22 in civil court.
Now my question is, can the Jurisdiction be challenged based on
a) Special Civit Suit ( HAMA) filed for no reason other than to run DV case in Civil COurt , since JMFC existed near to residence having primary Jurisdiction ?
b) Special Civit Suit ( HAMA) has no prayed relief, which DV app did not contain. As such only one DV Case was appropriate to get all the reliefs, HAMA Case is waste of Court's time, misuse of provisions, and wrong precedent to litigants.
c) For protection orders being governed by CrPC, the appropriate forum is JMFC or criminal (sessions ) court, etc.
When such forum near to residence, filing of DV in Civil Court not justified & amount to misuse of DV u/s 26
Another point is :-
c) Sp Civ Suit valuation at 12 times x+x maint. amount =24x ( which exceeds 3,00,000 Rs ).
In arriving at the value of Suit , correct logic applied ?
d) Now for Maharashtra courts, CJSD's orders are appealable
i) in Sessions Court if value suit under 3-lacks
ii) in High Court if value suit over 3-lacks
iii) so for HAMA Suit over 3-lac,orders would be appealable only to HC ?
iv) DV app clubbed with HAMA suit, orders appealable to Sessions Court u/s 29 ?
