Can Maintenance and DV be applied in different district court?

897 votes

Hi, This is with reference to your query on the Maintenance and Domestic Violence petition to be filed. Section 19 of the Hindu Marriage Act, 1955 (HMA). It deals with territorial jurisdiction of Petitions filed under the Act. Hence according to the above law you can file the petition at the place of your residence. If Hosur Court is either your matrimonial place or the respondents place. However as the divorce case is already in the Karaikal Court, you need to file the rest of Maintenance and Domestic Violence Petitions in the same court. Please note that in order to file the domestic Violence you should be staying with your husband and there should be issues of domestic violence occurrence recently.

Advocate Rajesh Kumar K LawRato

649 votes

My diverse case is currently in Karaikal court. My marriage took place there and am a Hindu. But am residing and working in Bangalore. Can I apply for Maintenance and Domestic Violence in Hosur Family Court? You cannot file DV case here. Because there is lack of jurisdiction. Apart from this there is divorce case is already pending. Therefore, that it amount to show that you are living separately. Under such circumstance you can file harassment case. Better you can file a maintenance case here at Hosuru Court. That is maintainable.

Advocate M Lakshmikanth Arya LawRato