• RCR

My husband is living away intentionally for the last 2 years at Chennai, whereas I am living and working at Bangalore.
 As per our agreement before marriage, my husband, a software professional, is supposed to shift to Bangalore. His parents are living in Bangalore. In spite of that, he never even applied for a job at Bangalore and bluffing and postponing our living jointly at Bangalore. After quarrelling, we are living separately for the last 1 1/2 years. 

Now he has filed for RCR, that too at Senior civil Judge's court at Srikalahasti , Andhra Pradesh, his native place.

In the petition, it is claimed that
 The cause of action for the petition arose in December, 2017 when the respondent 
 refused to join the petitioner finally, left the company of the petitioner and continues to de 
 die in dieum at Aravakottur Villaage, Srikalahasti Mandal, where both of them lastly resided 
 together, within the jurisdiction of this Hon’ble court.

 The petitioner submits that, they have resided together lastly at Aravakottur Village, 
 Srikakulam Mandal and hence this court is having jurisdiction to hear this petition.

Please note that 
1) Our marriage took place at Bangalore in May 2016, 
(2) I am an engineer and working at Bangalore for the last 9 years, 
(3) my husband, soft ware professional, is working at Chennai for the last 5 years, and before that he worked at Bangalore for 4 years
 and (4) we never went or stayed at Srikalahasthi, his native place any time

I understand that as per HM act 1955, clause 19, Senior civil Jude's court, Sri kalahasti , does not have jurisdiction in this case. 
 The court hearing is scheduled on 31st August, 2018.

Advice me as to further course of action I should take??












Hence, I understand that the jurisdiction of the case should be at Bangalore and not any other place. 

Is it correct?
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

Hello,

This is true that Bangalore has jurisdiction to entertain the case.

Appear before the court and raise the pre liminary objection of jurisdiction.

or you can file a transfer petition in the Supreme Court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Since it is not the place where you have ever lived, you can file an objection petition before the concerned court with documentary evidences about this and seek to dismiss the petition over the jurisdictional point of view.

You have to convince the court with the support of the documentary evidences and merits in your side to get the case dismissed on the basis of geographical jurisdiction.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

In your case, a case was filed at senior civil Jude's court, Sri kalahasti. So it is your duty to defend the case.

Every petition under this HMA Act Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction

(i) the marriage was solemnized, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.

So file an objection stating the true facts and challenge the jurisdiction of the court and maintainability of the petition, the court will illumine reject his application.

Note:-

On marriage, it is the primary duty of the parties to live together for the performance of their marital obligations. This right to cohabit with each other is called the right to ‘consortium’. It is the right that husband and wife have to each other’s society, comfort and affection. The origin of the action seems to lie in the early law concept of husband having a quasi-proprietary right over the wife. It included his wife’s society as well as her services. With the passage of time, the concept of consortium assumed a distinct footing of mutuality. Conjugal rights cannot be enforced by the act of either party and a husband cannot seize and detain his wife by force. If a spouse makes a breach of this obligation without any justifiable cause, the other can go to the court for the restoration of his conjugal rights. So better living together and solve the entire problems between you and your husband amicably.

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

Defend it properly through a good lawyer and moreso, you need to submit a reply to the petition filed by him, submit the same with your facts and if any evidence you have and file for maintenance case too, even if you are working he is bound to pay you. No escape route

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

You are correct that courts in husband native place has no jurisdiction

2) that marriage was solemnised in Bangalore, you last resided in Bangalore hence courts in his native place has no jurisdiction

3) file application for rejection of plaint under order VII Rule 11 of CPC

4) in alternative file petition in SC for transfer of case to Bangalore

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Exactly, the Court in Andra Pradesh does not have jurisdiction to enquire the case and no cause of auction aroused to file the RCR before Kalakasti court. Instead of contesting the same before the Kalakasti court, you can file transfer O.P petition before the Supreme Court to seek transfer the pending RCR petition to the Bangalore Jurisdictional Court where you are residing. He might have filed the RCR before kalakasti court to escape from the criminal proceedings which is he expected from your side. Definitely the Supreme Court will order the transfer.

Selva Perumal
Advocate, Chennai
329 Answers
36 Consultations

4.9 on 5.0

Dear Madam

All these places have jurisdiction.

As you stay and work in Bangalore. We can file a petition in Bangalore and get it transferred to Bangalore.

Don't worry about 31st August we will ensure before that and smooth proceeding.

Please approach us at the earliest for best assistance.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

1. RCR in Senior Civil Judge's court? This is outrageous. Only the court of District Judge can hear the petitions under HMA.

2. You can approach the High Court with a petition to quash the summons issued by the court of Senior Civil Judge.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Yes the court doesn't have any jurisdiction if you have received the notice of the proceedings appoint an Advocate and raise a prilimary objection on jurisdiction before court that husband intentionally to harass you has filed with Honble court. Plead before court the place of your marriage and last residence.

Futher give an application before court that husband has given false information in court maliciously to get jurisdiction.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi,

You are right and you are suggested to file the application for dismissal on this ground alone.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You can challenge the jurisdiction of the court and request for dismissal of the case on the grounds as the court have no jurisdiction as both the parties never lived in its jurisdiction and liable to be dismissed.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Appear before the Court on 31st Aug, and apprise the Court of the true and correct facts. Challenge the mantainibility og the RCR petition on the ground of lack of juriscdition. Also, rely on the pre-nuptial agreement that you signed with your husband prior to your marriage.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Yes, the only option available to your husband was to file this case at Bangalore.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) Here this case should be at Bangalore Jurisdiction.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You can challenge the said petition on jurisdiction basis and get it dismissed.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

Hello,

Yes you are correct.

Appoint a divorce lawyer to raise the objections for want of jurisdiction.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Dear Madam,

Whenever there is no designated family court then High Court may issue a circular empowering senior civil judge court to try family cases. You have good ground to say that no cause of action arise in Sri kalahasti , and accordingly file application under order 7 rule 11 of civil procedure code for return of petition to the petitioner to present the same before the court of having jurisdiction. Normally lower court dismiss such applications. However you will get justice in concerned High Court on filing revision petition.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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