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.