BNSS Section 144 – Territorial Jurisdiction

871 votes

no father cannot challenge it if anyone is telling you it can be done such person will be fooling you there is a specific provision to the effect but many things can be done to change things for that proper discussion is necessary

Advocate Aveek Bose LawRato

623 votes

Yes, the husband can challenge the territorial jurisdiction, but merely stating that both spouses are employed in Kolkata is not by itself sufficient to automatically dismiss the Jharkhand maintenance proceeding. Under Section 145(1) BNSS, 2023 (corresponding to old Section 126 CrPC), a maintenance proceeding under Section 144 can be instituted where the husband is, where the wife resides, where they last resided together, or where the father/mother resides. � India Code If the wife has shifted the minor child to Jharkhand, is actually residing there and the child is studying there, the Jharkhand Court may have jurisdiction depending on the precise facts and the statutory basis of the claim. Therefore, the husband should raise a preliminary objection on territorial jurisdiction, supported by proof that the parties ordinarily reside/work in Kolkata and that the child's relocation was subsequent and unilateral. File a preliminary objection/petition challenging territorial jurisdiction, annexing employment/address proof, school/admission records, and evidence of the parties' ordinary residence in Kolkata, and seek return/dismissal of the proceeding for want of jurisdiction, while expressly reserving all other objections on merits.

Advocate Atanu Patra LawRato