Hello. This issue originally arises out of a matrimonial litigation (maintenance) but is essentially re: the Constitutional provisions.
It is well-settled that an Order passed by a Court without jurisdiction is a Nullity (Dwarka Prasad Agarwal Vs. B. D. Agarwal; (2003) 6 SCC 230).
However, does this apply to a case where the Court has applied a wrong jurisdiction ? For instance, a petition was filed before the High Court under Article 227 (Supervisory jurisdiction). However, the Court has also exercised powers under Original as well as Appellate jurisdiction, both which are completely different from the Supervisory powers.
Would the above-mentioned principle hold true for such a case too ?
Thanks
Amita
