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Regarding territorial jurisdiction in domestic violence case


02-Jan-2023 (In Family Law)
In regards to a Domestic Violence case in Delhi where we believe lack of territorial jurisdiction for Delhi court, I am looking appropriate way to present jurisdiction issue without submitting written statement. Will it be an application under Order VII rule 10. If yes then may I please get a format for such application.
Answers (1)

Answer #1
648 votes
In your case you have informed that the case was at Delhi. You can raise the point in the beginnings of the case itself by stating that the suit is bared by jurisdictional issues and also sought for maintainability of the case. But here you need to do that first look into the jurisdictional where the alleged crime is done. If it was done in one state and continuing of the offence run in other state, then both court have equal jurisdiction to entertain the case. But you need to file the written statement in time. The time limit to file the written statement is described under the law is 30 days. It can be extended upto 90 days. YOU FILE WRITTEN STATEMENT. As per law there should be pleading. Written statement is your pleading and write all your defense. Here you filed written statement to avoid the above circumstances in that you repute the Jurisdictional issue and simultaneously file an application to maintainability on the ground of lack of Jurisdiction.
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