Misuse of The Protection of Women from Domestic Violence Act

[MAITRI]

http://www.legallyindia.com/Legal-issues-talk-and-help/2508-Misuse-of-The-Protection-of-Women-from-Domestic-Violence-Act

Misuse of The Protection of Women from Domestic Violence Act 0
minutes ago #1
This is regarding determination of Jurisdiction in the PWDVA,2005.

Now sec 27 of the PWDVA lays down 3 conditions; a)where the petitioner
[to be read as wife] resides, b)where the respondent [to be read as
husband] resides & c) where the cause of action lies.
To my mind, the PWDVA Rules 2006, without any ambiguity lays down
that, the appropriate jurisdiction will be where the cause of action
lies. Similarly Sec 28 of PWDVA also is clear that [sec 12, 18 - 22
of]the act will be governed by Cr.PC

In an interstate proceeding filed by the wife in North India. Husband
is in South India. The Ld. JMIC has chosen to not look beyond 27(a).
The couple never stayed together or parted ways where the wife has
chosen to initiate proceedings. The Ld. JMIC has gone ahead and
awarded an Int. Maint. to the wife who is well qualified but chooses
to remain unemployed.

My query therefore is;

1] How can I challenge the jurisdiction of the JMIC without appearing
to be harassing the lady and refusing to pay? I have no problem if the
appropriate Court with the competent jurisdiction would have awarded
this IM [But that would not have happened as in the present case the
IM is more in the nature of an order from the Kangaroo Court.:
( :dry: ]

2] Should I approach the Session Court in Appeal or go directly to HC
u/s 482 for quashing the application itself for want of appropriate
jurisdiction?

3] Will the HC of the SC accept my prayer for stay on execution of the
order directing IM be paid to the wife along with over all stay in
further proceeding until the appeal is settled? I ask because there is
no provision that the wife should return the money received if my
appeal is allowed

3]Can an application under PWDVA be filed for some "frivolous &
malicious allegation" in the past i.e before the application to
Magistrate or the Protection Officer is made. OR, is it necessary that
there should be a Domestic relationship at the time of filing the
application under the PWDVA?

If somebody can help with case laws / citations [preferably of the SC,
Delhi HC P&H HC] on,
A] issues regarding determination of jurisdiction in PWDVA, 2005. and,
B] if the wife can be awarded Interim maintenance in different suits
on the premise that the largest amount will be considered. [Case laws
in this matter will also be highly appreciated] To my mind once an IO
is awarded in any matter other applications should be quashed. The
greater amount theory applies only to the final order
Looking forward to a response from all the learned members well versed
in matrimonial issues.
Thanking you all in anticipation and best regards.