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Rafiuddin S/O Quazi Zainul Abedin vs Smt. Saleha Khatoon D/O Yaqub Ali ... on 17 September, 2007 cites

Vijay Kumar Prasad vs State Of Bihar & Ors on 7 April, 2004

10. The ratio of the above decision cannot be applied to the case at hand. In the reported case, the son against whom an application was made by father had filed an application for transfer of case to Patna on the ground that he has an apprehension that he may not get justice at Siwan and secondly Siwan court did not have jurisdiction because he himself lives at Patna. The High Court did not find favour with the son. However, the Supreme Court accepted the plea that Siwan court could not assume jurisdiction as son was residing at Patna. The Supreme Court transferred the case to Patna. It is, therefore, clear that son had challenged the jurisdiction of Siwan court during the pendency of application itself and had not submitted to the jurisdiction of Siwan court. In the instant case, the applicant submitted to the jurisdiction of family court at Nagpur and trial was held and a decision has been rendered on merit. No plea of want of jurisdiction was ever raised during the course of the trial. Mr.Vyawahare, learned Counsel for the respondent, submitted that once such decision is rendered, it cannot be set aside on the ground of want of territorial jurisdiction. He relied on the provisions contained in Section 462 of Cr.P. Code. Section reads as follows
Supreme Court of India Cites 6 - Cited by 73 - A Pasayat - Full Document
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