Apni Law Staff asked 1 year ago
I filed a domestic violence case in the Delhi Family Court a year ago. Just before the ex parte hearing, my ex-husband appeared and the case was saved. The issue is, when I filed the case, I was staying with relatives in Delhi and had paid rent for six months. I felt safe with my family then. Now, I’m living with my brother in Ghaziabad. My ex-husband has challenged the court’s jurisdiction claiming it shouldn’t be in Delhi as I’m not living there anymore. The judge, in the last hearing, said they’ll decide on the case’s maintainability in the next hearing. Maintenance for my child will be fixed then if I apply. My question is, can my case be dismissed just because I’m not living in Delhi? Should it be transferred to another court? I’ve been struggling for two years, my entire income goes towards legal fees and rent. My ex-husband earns six times more than me, but he hasn’t offered any financial help since our child was born. Please guide me.
Best Answer
Apni Law Staff answered 1 year ago
The Family Court will consider your six-month residence in Delhi at the time of filing the case as a factor in determining jurisdiction. It’s unlikely your case will be dismissed solely due to your current residence in Ghaziabad. The court may decide to transfer the case to a Ghaziabad court, but it is also likely to consider the hardship you face and may decide to continue hearing the case in Delhi.
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