If the court passes any order when it has no Jurisdiction

782 votes

If a court passes an order in a Protection of Women from Domestic Violence (PWDV) case without having jurisdiction, you can challenge the order by filing an objection or appeal. 1. File an Appeal: You can appeal against the order in a higher court, arguing that the court that issued the order lacked jurisdiction. 2. File a Writ Petition: You may approach the High Court under Article 226 or 227 of the Constitution of India for a writ of certion rari to quash the order. 3. Raise Jurisdictional Objection: If the case is still ongoing, you can file an application before the same court challenging its jurisdiction. 4. Contempt Petition (if necessary): If an order has been executed unfairly, you may file a petition against it.

Advocate Vikrant C Deshpande LawRato

959 votes

If the court doesn’t have jurisdiction you can challenge that particular order in the appellate court with appropriate grounds and evidence in place. You should take the action immediately since there exists time bar and limitation period to such appeals

Advocate Devang Manjrekar LawRato

789 votes

Dear client based on your query, Seeking professional legal guidance might provide valuable insights and ensure all relevant aspects of your situation are comprehensively addressed, also to ease the matter we can help you regard the process and in legal ways for which you can connect with us.

Advocate Kalpana Sanap LawRato

722 votes

If the Court passes any Order despite lacking jurisdiction to pass it, then, you can file a Revision against such Order before the concerned Appellate forum within a prescribed limitation period as per the current laws applicable in your State.

Advocate Pankaj Bajaj LawRato

886 votes

If a court has passed an order in a Protection of Women from Domestic Violence (PWDV) case without having jurisdiction, you have legal remedies available to challenge it. Filing an Objection Before the Same Court: If the lack of jurisdiction is evident, you can immediately file an application under Section 28 of the PWDV Act read with Order 7 Rule 11 of the CPC, raising an objection regarding jurisdiction. The court may reconsider its order. Filing a Revision Petition: You can approach the Sessions Court under Section 397 of the CrPC for a revision of the order, arguing that the lower court lacked jurisdiction. Writ Petition in High Court: If the order is adversely affecting your rights, you can file a writ petition under Article 226/227 of the Constitution, seeking to quash the order for lack of jurisdiction. Appeal Under Section 29 of the PWDV Act: If the order is final in nature, an appeal can be filed before the Sessions Court. Since jurisdiction is a fundamental legal requirement, any order passed without it is null and void. Immediate legal action should be taken to set it aside. Let me know if you need assistance in drafting the petition.

Advocate Kiran Ashok Gangurde LawRato