Challenging jurisdiction of a court in a maintenance case

[Udar Ojha]

Sir,

I have to file plea of lack of territorial jurisdiction of a court to entertain a maintenance case. Would it be under Order VII Rule 10 or Order VII Rule 11 of CPC? Or if I just file an application challenging the jurisdiction of the court without explicitly specifying any provision/section of CPC or Crpc then the court would consider it automatically to be under Order VII Rule 11?

I am trying to first confirm the jurisdiction of the court and then file the plea under Order VII Rule 11 for the rejection of the plaint in appropriate court. I don’t want to exhaust the chance of Order VII Rule 11 in a court which doesn’t have the jurisdiction to entertain the case.

Kindly advice how should I approach in this situation, Thanks in advance.

[Dr. Ashok Dhamija]

A maintenance case is permissible under various provisions of law. Firstly clarify under what provision of law the maintenance case is pending. The remedy may depend on that.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Udar Ojha]

Under Section 125 of CrPC.

[Dr. Ashok Dhamija]

When the maintenance application is under the Criminal Procedure Code, then how can you challenge jurisdiction of the court under the Civil Procedure Code?

You should first try to convince the Magistrate court itself which is hearing the maintenance application, that it has no jurisdiction, on whatever grounds you have got. If the court agrees, it may dismiss the maintenance application directing the applicant to go to the appropriate court having jurisdiction.

If that court does not agree and if you feel that you have valid grounds, then you may approach the revision court (Sessions Court) against such order the Magistrate court.

Another option could be to directly approach the High Court (under Section 482 Cr.P.C.), without first requesting the Magistrate court as above, for challenging the jurisdiction of the Magistrate court.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Udar Ojha]

Thank you Sir for the reply.

I missed a point that is important – the case is in Family Court. If application under order VII Rule 11 is not tenable then is there a provision/section/law under which I can challenge the maintainability of case u/s 125 CrPC on the lack of jurisdiction and desertion at Family Court at preliminary stage?

[Author]

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