Legal Question in Family Law in India
Court Jurisdiction
I am a hindu female (DELHI) who has filed a petition under sec. 18 and 20 of the HAMA 1956 claiming 1.25 lakhs per month as maintenance from my husband for myself and my 5 month child. My suit is valued at 1.5 crores as oer the rule of sum claimed * 12* 10 for maintenance applications. I have two questions
1.) Where should my suit be actually instituted .... in Tis Hazari or at Delhi High court ....the contention being the pecuniary jurisdiction. As of present it is under an ADJ in Tis Hazari but there is this dispute.
2.) Can I be made liable to pay the court fees amounting to 1. 5 lakhs without even having got interim maintenance? Isn't the boy supposed to pay that for forcing me to institute this suit by abandoning me and the child?
What is this kind of a legal system. I do not wish to institute any criminal proceedings as I still wish to leave the chance of a reconciliation open so pls do not advise me sec. 125 Crpc or the Domestic Violence Act.
3 Answers from Attorneys
Re: Court Jurisdiction
Contact a advocate in Delhi
Re: Court Jurisdiction
If you are unable to afford court fee, you may file your application as an indigent person; or you may seek help from the State Legal Services Authority.
You may also approach the 'MEDIATION CENTER' in Tis Hazari courts. This Center is headed by an Additional District Judge who may try to facilitate a compromise between you and your husband.
Re: Court Jurisdiction
you can file the suit for maintainence in family court, teh court has to be paid at teh time of filing the suit. if you donot have have any source or means to pay court fee you can file a pauper misc petition.
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