Respected sirs/Madams
- Marriage took place at Jaipur
- For mental cruelty by Wife, the Husband filed Divorce Petition u/s. 13 (1) in F.C. at Bikaner stating therein that they (Himself, Wife, His Mother and His Father all) stayed at Jaipur at the House owned by his Father for 06-08 months.
Husband further stated therein that but for service purposes he along with his Wife went to Bikaner and stayed there in Rental Flat for 12 months which he again vacated because of mental-cruelty by Wife and now the Husband is staying at house of his Nana (Mother’s Father) and wife is staying with her own Father at Pune (Maharashtra).
- Wife filed Complainant u/s.12 of DV Act before JMFC at Jaipur (Raj.) on the ground that DV was committed by all (Husband, Mother-in-law and Father-in-Law) upon her at shared-house at Jaipur which the Husband continued at Bikaner, too. (But wife could not provide any evidence of her ‘stay’ at shared-house at Jaipur)
- The JMFC, on basis of other critical situations highlighted by Wife, passed ex party Order and declared House at Jaipur as shared House by saying that “
“Husband admitted himself in the Divorce Petition that He, His Wife, Mother and Father all were living at House at Jaipur)”
- Husband breached ex party Order and is facing trial u/s. Sec31 of the DV Act before the JMFC and his warrant has been issued
- Husband approached High Court and filed Appln. u/s. 482 of CR.P.C. praying therein to quash the whole Complaint filed by Wife u/s. 12 of DV Act on following grounds :-
- That house at Jaipur is owned by his Father and hence it cannot his shared house
- That his Father does not want his wife to stay there
- That presently Husband is staying at house at Bikaner (of his Nana) which must be treated as shared house
- That JMFC Jaipur has no jurisdiction to entertain the said Complaint because House at Jaipur cannot be said to be a shared-house
- Wife sent her Reply to the Husband’s Advocate which she will be filling on next day in High Court
- The said Reply contains therein that Husband has alternate remedies u/s.29 against the ex-party Order before Session Court and
- further as far as Jurisdiction is concerned, Husband must first plead the issue before the JMFC at Jaipur only
- But interestingly Wife gave one Offer in the Reply
that if the Husband is providing her equivalent House at Jaipur on Rental basis and gives undertaking to continue the same then she is ready to live there but the Husband must be ordered to obey rest of the parts of the Ex Party Order
Query
Being on Husband’s side, I want to know that what seems better to do in High Court on next date after considering following three points
How many chances are there to prove that House at Jaipur is not shared House
Ex Party Order was passed by JMFC without calling DIR
That JMFC Jaipur has no jurisdiction
Guide me
Thanks in advance
HARIOM