Sourabh 04 September 2017

Jurisdiction of case

Hello Experts.

I want to ask one thing. that my in laws are threatening me to take my case back of annullment file by me in Delhi saket court.

My wife parul was living with me till june 2017, at my residence place i.e. delhi.. in starting of july she went to her native place.

and now her uncle is trying to file a case u/s 498a, sec-24 HMA from his own jurisdiction just to pressurise me. But the residence of my wife is in different jurisdiction. Her jurisdiction is Kanpur UP. and her uncle is From Farrukhabad. Her Uncle is trying to file the case frm Farrukhabad as he has good approach and power in his locality.

So i want to ask can he file the case from Farrukhabad. our marriage was soleminised from Kanpur Jurisdiction. Her Parents live in kanpur jurisdiction.

And if the case is filed in farrukhabad, what can we do next.

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5 Replies

Siddharth Srivastava (Advocate) 05 September 2017

Application U/s. 24 HMA can only be filed in divorce case so since the case is at Saket court hence it could be filed in Saket court only. Her uncle has no right to file such application. Sidharth 9811776422

Sourabh 05 September 2017

can he file 498a from farrukhabad.

Adv Radhika Mehta (Advocate) 05 September 2017

As rightly mentioned above, Sec 24 is for interim measures which can be only taken out in a Petition for Divorce, RCR, Judicial Seperation etc. Your wife can invoke other provisions to seek maintenance such as Sec 125, CrPC, Sec 18 of the HAMA etc. HOwever, under no circumstances, can any case be filed at farrukhabad when the both of you have never lived there.