How to proceed in JFCM Court on behalf of friend's sister
25-Jul-2023 (In Family Law)
Sir/madum The perental house of my friend sister is residing within in limits of corporation. But maintainance case is filed in JFCM Court in the year of 2014. But till today she is not received any interium maintainance also. now the husband contended that the JFCM court has no jurisdiction to try the case because she is in residing within limits of corporation. Hence, family court has jurisdiction to try the case. Pls guide me how to proceed the case in JFCM Court on behalf my friend sister with case laws.
Cases under section 125 of CrPC are filed before the magistrate of the First class. Hence, if your case has been filed under section 125 of Crpc,it is maintenable before the JMFC. You may move an application seeking early adjudication of the interim maintenance application before the court. However maintenance cases can be filed before the family court as well.
If the residence address of Complainant or Respondent doesn't come into that jurisdiction, the case is waste of time. Better file new case immediately and withdraw the case, mention the same in new case and ask for interim maintenance immediately. Case pending since 2014 with out interim maintenance is waste of time. I think you should change your lawyer if maintenance is mandatory.
Hi according to your case we want to know some more details and you have to file the case in family court for maintenance case and for coming to interim relief you should have file I.A. then only you will get immediate relief other wise it will take long time so for further clarifications you can contact us.
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