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How to expedite Divorce case and DV case ?
02-Feb-2023 (In Divorce Law)
I filled DV in Delhi family court.It's now 1 year of filling case & just b4 exparte other party appeared & got saved.Issue is at d time of filling case I was living with my relative in Delhi & had paid rent for 6 months as was alone so was safe with known family.But now I hav been putting up in Ghaziabad with my brother.The other party has taken time from court to argue on jurisdiction dat it shud not come in Delhi as now I am not residing in Delhi so maintenance for my baby is also not fixed by judge in last hearing stating dat argument on maintainability of present pettitioner for further proceedings wil b done in next hearing after dat maintenance wil b fixed if applied.My query is that can my case be dismissed on d ground dat currently I am not residing in Delhi so it should be transferred to other court.I am already suffering from 2 years all my earning goes in legal case & rent while my husband is earning 6 time of my salary with no monetary help since birth of my child. Plz help
I have read and understood tour query and shall be able to address your concern as I specialise in matrimonial laws and civil laws. I however need certain ither information so as to guide you well in this case.
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Adv. Anish Roy
Delhi | 100+ Answers
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In my concern 1st you have choosen wrong advocate, secondly except dv you will able to use other provision of matrimonial law to get for you and your baby right. That after filing the case wherein WS and other proceedings starts case would not be transferred or dismissed. Herein am mentioning section 27 of DV act for your help:
Section 27 in The Protection of Women from Domestic Violence Act, 2005
27. Jurisdiction.—
(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which—
(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or
(b) the respondent resides or carries on business or is employed; or
(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.
(2) Any order made this Act shall be enforceable throughout India
Therefore, I have not gone your pleadings therefore, may be this will help you
Section 27 in The Protection of Women from Domestic Violence Act, 2005
27. Jurisdiction.—
(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which—
(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or
(b) the respondent resides or carries on business or is employed; or
(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.
(2) Any order made this Act shall be enforceable throughout India
Therefore, I have not gone your pleadings therefore, may be this will help you
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Adv. Akhil Verma
Delhi | 400+ Answers
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the jurisdiction can also be at a place where the your husband/respondents reside or where the cause of action to file dv had arisen. So if either your husband lives in Delhi or where the domestic violence had taken place will have jurisdiction. Alternatively you can retain jurisdiction if you show temporary residence in Delhi. The best course would be you should insist in court for grant of ad-interim maintenance untill the time the issue of jurisdiction is decided. Ad-interim maintenance is granted in cases where the complainant is in dire need of money and the interim maintenance cannot be decided soon. In such case getting ad-interim maintenance is the best way forward to secure your finances.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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Territorial jurisdiction issue may be seen with the vanue of marriage and last place where parties resides together as husband and wife but in your case interim maintainance is not decided yet which is to be decided within three month after filing of the same as per law
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Adv. Manoj Kumar
Delhi | 200+ Answers
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No, your case can't be dismissed on the ground of jurisdiction. If you had resided in Delhi at any point of time in Delhi with your in-laws or husband, then the court at Delhi still have jurisdiction to adjudicate your case, there are a lot of ruling on this fact
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Adv. S N Shukla
Delhi | 25+ Answers
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