Legal Question in Family Law in India

Re: Can a court having no jurisdiction pass an interim maintenance in applicatio

The same question has already been answered. Pleave avoid repeatition of questions.

Re: Can a court having no jurisdiction pass an interim maintenance in applicatio

The following reply was given to the same question on 06-02-2002:

Yes, you can challenge the jurisdiction of the court. Normally the respondent or defendant has to raise the objection questioning the jurisdiction of a court at the initial stage of he proceedings and the court has to decide the issue of jurisdiction as preliminary issue without waiting till the entire trial is over because if it were without jurisdiction the proceedings would be a nullity. A suit for maintenance under Sec.18 of The Hindu Adoption and Maintenance Act 1956 is not a suit under any of the provisions of the Hindu Marriage Act, 1955. This being a suit of civil nature, the civil court has jurisdiction entertain and try the suit under Section 9 of Civil Procedure Code. Such a suit can be instituted in a. the court within whose jurisdiction the marriage was performed; or b. the court within whose territorial limits the wife was abandoned or deserted; or c. the court within whose jurisdiction the husband treated his wife with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband. A suit claiming a right of maintenance to be charged on immovable property has to be instituted in the court within whose jurisdiction such property is situated. So you have to carefully study the pleadings of your wife and see if the suit has been institute in the proper court. If not, challenge the question of jurisdiction at the initial stage of the proceeding and make it a preliminary issue.

Re: Can a court having no jurisdiction pass an interim maintenance in applicatio

Please send more details.Is your wife's maternal home in the same town where she has filed the application?If however the court has no jurisdiction such an order will be null and void and not binding on you.