A widowed woman files a maintenance petition before the Family Court at her place of residence. However, her father-in-law objects, arguing that he resides in another district and his properties are situated there.
Can the Court reject her petition on the ground of territorial jurisdiction?
The Chhattisgarh High Court (Division Bench), in Shri Ram Kumar Vaishnav v. Pratibha Vaishnav, held that:
* Territorial jurisdiction is not an independent ground for rejection of a plaint under Order VII Rule 11 CPC.
* In maintenance proceedings, part of the cause of action may arise where the claimant resides and suffers deprivation of maintenance.
* The location of the respondents’ properties in another district does not automatically oust the Court’s jurisdiction.
Legal takeaway: Section 20(c) CPC may permit maintenance proceedings at the claimant’s place of residence, provided part of the cause of action arises there.
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