Yes. If you genuinely reside in Indore, you can ordinarily file a maintenance proceeding under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before the Family Court, Indore even if your husband is presently working or residing in another city.
The husband’s place of employment is not the only factor determining territorial jurisdiction.
Section 145(1) BNSS specifically provides alternative territorial forums for a proceeding under Section 144. One of those forums is the district where the husband or his wife resides. Another is the district where the husband last resided with his wife.
Therefore, if you are genuinely residing in Indore, that fact may itself provide a statutory basis for approaching Family Court, Indore.
The Family Courts Act, 1984 also expressly includes proceedings for maintenance within the jurisdiction of a Family Court and gives a Family Court the jurisdiction exercisable by a Magistrate under the maintenance provisions of the former CrPC framework.
1. The short answer
Suppose:
Wife: residing in Indore
Husband: working/residing in Bhopal, Mumbai, Delhi, Pune, Ahmedabad or another city
Maintenance: claimed under Section 144 BNSS
The wife can potentially institute the maintenance proceeding before Family Court, Indore, because Section 145(1)(b) recognises the district where the wife resides as a permissible forum.
The husband does not have to be physically present in Indore for the court to have territorial jurisdiction.
This is one of the most important practical points for a wife considering a maintenance case in Indore.
2. What does Section 144 BNSS provide?
Section 144 BNSS deals with maintenance of wives, children and parents.
In the case of a wife, the basic statutory situation is that where a person having sufficient means neglects or refuses to maintain his wife who is unable to maintain herself, the court may order payment of a monthly allowance, subject to the requirements of the provision.
The section also permits the court to award:
- interim maintenance; and
- reasonable expenses of the proceedings.
The statute further provides that an application for interim maintenance and proceedings expenses should, as far as possible, be disposed of within 60 days from service of notice of the application.
Therefore, a wife who is facing financial difficulty does not necessarily have to wait until final disposal of the entire maintenance case to seek interim financial relief.
3. Does my husband’s working in another city prevent me from filing in Indore?
No.
This is perhaps the most common misconception.
Suppose your husband is employed in:
- Bhopal;
- Pune;
- Mumbai;
- Delhi;
- Bengaluru;
- Ahmedabad;
- Jaipur;
- Hyderabad;
- Surat; or
- another city.
That fact alone does not prevent you from approaching Family Court, Indore if you otherwise satisfy the territorial requirements.
Section 145(1)(b) BNSS expressly provides that proceedings may be taken in a district where he or his wife resides.
Thus, the statutory scheme does not require the wife to file the case only where the husband is employed.
4. Why is the wife’s residence in Indore important?
Because Section 145 BNSS provides alternative territorial bases.
It states that proceedings under Section 144 may be taken in any district:
- where the husband is;
- where the husband or his wife resides;
- where the husband last resided with his wife; or
- where the husband’s father or mother resides.
Consequently, the wife’s genuine residence in Indore can be an independent jurisdictional connection.
For example:
Husband works and resides in Bhopal.
Wife resides with her parents in Indore.
The fact that the husband is in Bhopal does not automatically defeat the jurisdiction of Family Court, Indore.
5. Does the husband have to live in Indore for Family Court, Indore to have jurisdiction?
No.
Section 145(1) is structured in alternative clauses.
It does not say that the husband and wife must both reside in the same district.
If the wife resides in Indore, Section 145(1)(b) can provide the relevant territorial basis.
Therefore:
Husband outside Indore + wife genuinely residing in Indore = Indore can potentially have territorial jurisdiction.
The exact facts still need to be examined, particularly where the husband disputes the wife’s residence.
6. What does “resides” mean in this context?
The wife should be able to demonstrate that Indore is her genuine place of residence.
The court may examine the factual circumstances of her residence.
For example, evidence may include:
- Aadhaar/address documents;
- rent agreement;
- electricity or utility bills;
- bank correspondence;
- children’s school records;
- medical records;
- employment records;
- voter-related records;
- residential documents;
- correspondence received at the Indore address; and
- other material showing actual residence.
The wife should not assume that merely mentioning an Indore address in the petition automatically settles the issue.
If the husband challenges territorial jurisdiction, the factual question of residence may become relevant.
7. Can I file in Indore if I am living with my parents?
Yes, potentially.
This is a very common situation in matrimonial disputes.
Suppose the wife has left the matrimonial home and returned to her parents’ house in Indore.
If she is genuinely residing there, she may rely upon Section 145(1)(b), which recognises the district where the wife resides as a permissible place for a Section 144 proceeding.
The fact that the property belongs to her parents does not, by itself, prevent her from establishing residence there.
The important issue is whether she actually resides there.
8. What if my husband says, “You cannot file in Indore because I don’t live here”?
That objection is not necessarily correct.
The husband may challenge territorial jurisdiction, but merely saying:
“I don’t live in Indore”
does not answer Section 145(1)(b).
The statutory provision expressly includes the district where the wife resides.
Therefore, if the wife genuinely resides in Indore, she can explain that the jurisdiction is based upon her residence rather than the husband’s current workplace.
The court will then decide the jurisdictional issue according to the facts and law.
9. What if my husband is working in another city but his permanent home is in Indore?
This may make the factual position even more interesting.
Suppose the husband:
- works in Bhopal;
- maintains a house in Indore;
- returns regularly to Indore; and
- regards Indore as his permanent family residence.
The exact facts concerning his residence may become relevant.
However, the wife does not necessarily need to establish the husband’s residence in Indore if she herself genuinely resides there.
Section 145(1)(b) provides the alternative ground of the wife’s residence.
10. What if my husband works in another State?
The answer can still be yes.
For example:
Wife: Indore
Husband: employed in Mumbai
Marriage: elsewhere
Maintenance claim: Section 144 BNSS
The wife may potentially proceed before Family Court, Indore because Section 145(1)(b) recognises the district where the wife resides.
The husband being employed outside Madhya Pradesh does not automatically deprive Family Court, Indore of territorial jurisdiction.
11. What if my husband is working abroad?
The same basic territorial principle can apply.
Suppose:
Wife: residing in Indore
Husband: employed in Dubai/USA/UK/Singapore/another foreign country
The husband’s foreign employment does not by itself prevent a Section 144 proceeding from being instituted in Indore where the wife genuinely resides and Family Court, Indore otherwise has jurisdiction.
The practical issues may instead concern:
- service of notice;
- proof of foreign employment;
- proof of income;
- exchange rates;
- assets;
- bank accounts;
- appearance through counsel;
- evidence; and
- enforcement of the eventual order.
These are procedural and evidentiary issues, and they are different from the basic question of territorial jurisdiction.
12. Can my husband be required to contest the case in Indore even though he works elsewhere?
If Family Court, Indore has jurisdiction and validly assumes the proceeding, the husband cannot simply disregard the case on the ground that he works elsewhere.
He must respond in accordance with the court’s directions.
However, this does not necessarily mean that he must personally travel to Indore for every hearing.
Section 145(2) BNSS contemplates that personal attendance may be dispensed with and evidence may be taken in the presence of the advocate where personal attendance has been dispensed with. It also permits ex parte proceedings where the respondent wilfully avoids service or attendance, subject to the statutory safeguards.
Therefore, the husband should obtain legal advice immediately after receiving notice rather than simply ignoring the case.
13. Can my husband appoint an advocate in Indore?
Subject to the directions of the Family Court and the procedural requirements applicable to the case, an outstation husband can ordinarily seek representation through counsel and appropriate exemption from personal appearance where justified.
This is particularly relevant where he works in another city and repeated travel would be difficult.
The existence of such procedural possibilities is one reason why the husband’s employment location does not automatically defeat an Indore proceeding.
14. What if my husband says that travelling to Indore is inconvenient?
Inconvenience to the husband is not automatically a ground for defeating the wife’s statutory jurisdiction.
The court can consider practical difficulties, but it must first consider whether Indore is a legally permissible forum.
If the wife genuinely resides in Indore, the husband cannot ordinarily transform his employment location into an absolute jurisdictional bar.
At the same time, the husband may seek appropriate procedural relief concerning personal appearance if his employment makes repeated travel difficult.
15. What if my husband challenges the territorial jurisdiction of Family Court, Indore?
He is legally entitled to raise a genuine jurisdictional objection.
For example, he may dispute:
- that the wife actually resides in Indore;
- that the wife has only a temporary address there;
- that she shifted to Indore solely to create jurisdiction;
- that another district is the proper forum; or
- the factual basis pleaded in the maintenance petition.
The wife should be prepared to demonstrate her actual residence.
However, the mere fact that the husband works outside Indore is not by itself enough to establish that Family Court, Indore lacks jurisdiction.
16. What if I have returned to my parental home in Indore after separation?
This is a particularly important situation.
Suppose:
- marriage took place elsewhere;
- matrimonial life was spent in another city;
- disputes arose;
- wife left the matrimonial home;
- wife returned to her parental home in Indore;
- husband continued working in another city.
If the wife genuinely resides in Indore, Section 145(1)(b) can provide the statutory basis for filing the maintenance proceeding there.
The petition should clearly state:
- when the wife came to Indore;
- where she is presently residing;
- whether the residence is permanent or continuing;
- whether children are residing with her;
- why she is residing there; and
- the documents supporting the residence.
17. What if my husband says I am staying in Indore only temporarily?
This is a factual objection.
The wife should be prepared to demonstrate the nature of her residence.
For example:
- Is she maintaining a household there?
- Are her children studying there?
- Does she receive correspondence there?
- Does she have medical records there?
- Is she employed there?
- Has she been residing there continuously?
- Does she have a residential arrangement there?
The more objective evidence available, the stronger the response to an allegation of merely temporary residence.
18. Can I file in Indore if my children are also living with me?
Yes, and the children’s circumstances can be highly relevant.
Section 144 BNSS also permits maintenance claims concerning eligible children.
If the wife and children are residing in Indore, the petition can explain:
- children’s residence;
- schooling;
- medical needs;
- educational expenses;
- daily expenses;
- dependency upon the mother; and
- the husband’s financial responsibility.
The children’s residence may also become relevant when considering practical convenience and the overall interests of justice.
19. Can I file in Indore if I am a working woman?
Yes.
Being employed does not automatically prevent a wife from seeking maintenance.
The court will examine the wife’s actual income and financial circumstances along with the husband’s means and the other relevant factors.
The legal question is not simply:
“Does the wife have a job?”
It is more nuanced.
The court may consider:
- net income;
- regularity of income;
- living expenses;
- children’s expenses;
- standard of living;
- husband’s income;
- liabilities;
- assets;
- financial dependency; and
- other relevant circumstances.
Therefore, a working wife should disclose her financial circumstances accurately rather than assuming that employment automatically disqualifies her.
20. What if my husband earns a high salary in another city?
His employment outside Indore may actually make evidence concerning his income particularly important.
The maintenance court may need to examine:
- salary;
- allowances;
- bonuses;
- incentives;
- employment benefits;
- business income;
- investments;
- property;
- bank accounts;
- other financial resources; and
- liabilities.
The fact that the husband works outside Indore does not make his income irrelevant.
If his employment provides him with a substantially higher income than alleged in the maintenance petition, appropriate documentary evidence should be collected wherever legally available.
21. What if I don’t know my husband’s exact salary?
You can still institute the proceeding.
A wife does not necessarily need to possess the husband’s complete salary documents before filing a maintenance petition.
The petition should provide the best available information regarding:
- his employment;
- employer;
- designation;
- approximate income;
- business activities;
- property;
- lifestyle;
- known assets; and
- other sources of income.
The court can require appropriate disclosure and evidence during the proceedings.
It is important not to make unsupported allegations of an exact salary if the wife does not have reliable information.
22. What if my husband deliberately hides his employment income?
This can become an important issue in the maintenance proceedings.
The wife should collect whatever lawful evidence is available, such as:
- employer details;
- publicly available professional information;
- employment-related documents;
- salary slips in her possession;
- bank records legally available to her;
- income-tax-related documents where legitimately accessible;
- information regarding property and investments; and
- evidence of his actual standard of living.
The husband will also have an opportunity to disclose and contest the financial allegations.
23. Can I seek interim maintenance in Family Court, Indore?
Yes, where the statutory requirements are satisfied.
Section 144 BNSS expressly provides for interim maintenance and reasonable expenses of the proceedings during the pendency of the maintenance proceeding. It also states that such an application should, as far as possible, be disposed of within 60 days from service of notice.
Therefore, a wife who is financially dependent should consider seeking interim relief rather than waiting for the final disposal of the main maintenance case.
24. From what date can maintenance be awarded?
Section 144(2) BNSS provides that maintenance or interim maintenance is payable from the date of the order or, if the court so directs, from the date of the application.
This makes the date of filing important.
A wife should therefore not unnecessarily delay instituting the proceeding where she is genuinely entitled to seek maintenance.
25. Can my husband argue that he has no job in Indore?
That is generally not the correct jurisdictional test.
Territorial jurisdiction is not determined by asking:
“Does the husband have a job in Indore?”
Section 145 asks where the relevant persons reside and identifies other statutory territorial connections.
Therefore:
Husband working in Bhopal + wife residing in Indore
can still support Indore jurisdiction.
26. What if my husband works in one city but his family lives in another?
The court may examine the actual residence circumstances.
For example:
Husband: works in Pune
Wife: resides in Indore
Husband’s parents: live in another city
The wife can rely upon her residence in Indore.
The husband’s workplace is only one factual circumstance and does not automatically control the forum.
27. What if my husband has transferred his job several times?
Frequent employment transfers can make the husband’s place of work unstable.
This is another reason why Section 145(1)(b) is important.
If jurisdiction depended exclusively upon the husband’s current workplace, the appropriate court could change every time he changed employment.
The statute instead also recognises the wife’s residence and the parties’ last shared residence as jurisdictional connections.
28. What if my husband is working in a different district but I am permanently settled in Indore?
This is a comparatively straightforward situation.
For example:
Wife: permanently residing in Indore
Husband: working in Bhopal
Children: residing and studying in Indore
The wife can plead that:
- she resides in Indore;
- the children reside in Indore;
- Family Court, Indore is the competent Family Court;
- Section 145(1)(b) provides the territorial basis;
- the husband’s employment location is outside Indore but does not defeat jurisdiction.
29. What if the parties last lived together in Indore?
This provides another important ground.
Section 145(1)(c) allows proceedings in the district where the husband last resided with his wife.
Therefore, even if the husband has subsequently moved to another city for employment, the parties’ last matrimonial residence in Indore can be relevant.
For example:
- husband and wife lived together in Indore;
- husband later transferred to Bhopal;
- wife remains in or returns to Indore;
- maintenance proceeding is instituted.
The Indore jurisdiction can potentially be supported by both:
Section 145(1)(b): wife’s residence, and
Section 145(1)(c): last shared residence.
Where both grounds genuinely exist, it is advisable to plead them clearly.
30. What if we never lived together in Indore?
The answer may still be yes if the wife genuinely resides in Indore.
The last shared residence ground under Section 145(1)(c) may not apply, but Section 145(1)(b) may still be available because the wife resides in Indore.
This distinction is important.
For example:
Marriage: Delhi
Matrimonial residence: Delhi
Husband: Mumbai
Wife: Indore
The fact that the parties never lived together in Indore does not automatically defeat Indore jurisdiction if the wife genuinely resides there.
31. Is the place of marriage important?
The place of marriage is not itself the central territorial criterion under Section 145(1) BNSS.
The statutory grounds focus on:
- husband’s location;
- husband’s or wife’s residence;
- last shared residence; and
- residence of the husband’s father or mother.
Therefore, if the marriage took place in Indore but neither spouse resides there and the parties never last resided together there, the place of marriage alone should not be treated as a substitute for the statutory jurisdictional grounds.
Conversely, a wife residing in Indore need not prove that the marriage took place in Indore.
32. Can my husband ask the Family Court, Indore to reject my case only because he works elsewhere?
He can raise a jurisdictional objection, but the objection must be legally sustainable.
If the wife genuinely resides in Indore, Section 145(1)(b) is an express statutory basis for proceedings in that district.
Therefore, the objection:
“I work outside Indore, so Indore has no jurisdiction”
is incomplete and does not by itself answer the statutory provision.
The wife should specifically rely upon Section 145(1)(b) and establish her genuine residence.
33. What documents should I keep ready before filing?
A wife intending to file in Family Court, Indore should ideally collect:
Identity and residence documents
- Aadhaar/address proof;
- rent agreement, if applicable;
- utility bill;
- bank correspondence;
- other residence documents.
Marriage documents
- marriage certificate, if available;
- marriage photographs;
- invitation card;
- other proof of marriage.
Children
- birth certificates;
- school records;
- medical records;
- fee receipts;
- educational expenses.
Husband’s income
- salary information;
- employer details;
- employment designation;
- business information;
- property details;
- other financial information.
Maintenance-related documents
- previous maintenance orders;
- DV proceedings;
- matrimonial cases;
- correspondence concerning financial support;
- proof of expenses.
The exact documents will depend upon the facts.
34. What should the maintenance petition state about Indore jurisdiction?
The jurisdiction paragraph should be clear and fact-specific.
For example, where the wife resides in Indore, the petition may state in substance:
“The petitioner is presently residing at Indore and is ordinarily and genuinely residing within the territorial jurisdiction of this Hon’ble Court. In terms of Section 145(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, proceedings under Section 144 may be taken in the district where the husband or his wife resides. The petitioner is therefore entitled to institute the present proceeding within the territorial jurisdiction of this Hon’ble Court.”
If the parties last resided together in Indore, a separate jurisdictional paragraph can also plead Section 145(1)(c).
The wording should be adapted to the actual facts and documents.
35. What if the husband challenges my Indore address?
The wife should be prepared to establish genuine residence.
The court may examine:
- duration of stay;
- nature of residence;
- family circumstances;
- children;
- employment;
- documents;
- continuity of residence; and
- surrounding circumstances.
It is therefore better to plead the factual history honestly and comprehensively rather than merely inserting an Indore address.
36. Can the husband demand that I file the case only where he works?
No automatic such right exists under Section 145.
The statutory scheme itself gives multiple territorial options.
If the wife genuinely resides in Indore, that is expressly recognised by Section 145(1)(b).
The husband’s workplace is therefore not necessarily the exclusive forum.
37. What if my husband says he cannot attend every hearing because of his job?
This may be addressed procedurally.
Section 145(2) contemplates proceedings in the presence of the respondent or, where personal attendance is dispensed with, in the presence of his advocate. It also provides for ex parte proceedings in specified circumstances where the respondent wilfully avoids service or attendance.
Thus, the husband’s employment outside Indore does not necessarily mean that the case cannot proceed.
He should seek appropriate exemption/dispensation from personal appearance where justified rather than simply failing to attend.
38. What if the husband deliberately does not appear?
A respondent should not assume that working outside Indore permits him to ignore court notices.
Section 145(2) BNSS specifically addresses wilful avoidance of service or attendance and permits the court, in the circumstances specified there, to proceed ex parte. It also provides a statutory mechanism for seeking setting aside of an ex parte order for good cause within three months, subject to the terms imposed by the court.
Therefore, a husband receiving notice should obtain legal advice and respond appropriately.
39. Does the Family Court, Indore have jurisdiction over maintenance cases?
Yes, where the statutory territorial requirements are satisfied.
The Family Courts Act, 1984 expressly includes a suit or proceeding for maintenance within the matters falling within Family Court jurisdiction. Section 7(2)(a) additionally provides for the jurisdiction exercisable by a Magistrate under the maintenance provisions of the CrPC framework, while Section 8 excludes ordinary Magistrate jurisdiction under Chapter IX in an area where a Family Court has been established.
Accordingly, where the Section 144 proceeding falls within the territorial jurisdiction of Family Court, Indore, the proceeding can be dealt with by the Family Court.
40. What if my husband lives in another city but I am in Indore only because I came here after separation?
That does not automatically disqualify you.
The relevant question is whether you genuinely reside in Indore.
Returning to a parental home after matrimonial separation is a common factual circumstance.
If Indore is genuinely your place of residence, Section 145(1)(b) may apply.
The petition should explain the circumstances of your residence and, where necessary, support them with documents.
41. Can I file if my husband has transferred himself to another city to avoid maintenance proceedings?
The husband’s job transfer does not necessarily defeat jurisdiction.
If you reside in Indore, your residence may continue to provide a territorial basis under Section 145(1)(b).
If the parties last resided together in Indore, Section 145(1)(c) may provide an additional basis.
Therefore, a husband should not assume that changing cities for employment automatically forces the wife to institute a new maintenance proceeding in his new city.
42. What if my husband works in different cities throughout the year?
This situation reinforces the importance of the alternative jurisdictional grounds in Section 145.
If the husband frequently changes his place of work, the wife’s genuine residence can provide a more stable territorial connection.
For example:
Husband transferred from Bhopal to Pune and later to Delhi.
If wife continues to genuinely reside in Indore, her residence remains relevant under Section 145(1)(b).
43. Can I claim maintenance for children along with my own claim?
Yes, where the statutory conditions are satisfied.
Section 144 covers eligible legitimate or illegitimate children who are unable to maintain themselves and also provides for certain situations involving a major child with physical or mental abnormality or injury.
The maintenance petition can therefore set out:
- wife’s claim;
- minor children’s claims;
- educational expenses;
- medical expenses;
- food and clothing;
- accommodation;
- other necessary expenses.
44. Can a divorced wife file under Section 144 BNSS?
Yes, subject to the statutory requirements.
The Explanation to Section 144 expressly provides that “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
Thus, a divorced woman residing in Indore may also have a Section 144 maintenance claim where the statutory requirements are satisfied.
45. What if my husband says I should live with him in the city where he works?
Section 144 contains provisions concerning a wife’s refusal to live with her husband.
The statute provides that where a husband offers to maintain his wife on the condition that she live with him, the court may consider the wife’s reasons for refusal. It specifically states that if the husband has married another woman or keeps a mistress, that is a just ground for the wife’s refusal to live with him.
Therefore, the question of where the husband works and whether the wife is willing to live with him is a merits issue, distinct from the initial territorial question.
46. Can the husband use his employment outside Indore as a defence to maintenance?
Not automatically.
His employment location and his entitlement to retain employment elsewhere are different from his legal obligation, if established, to maintain an eligible wife or child.
The court can examine his:
- actual income;
- earning capacity;
- assets;
- liabilities;
- standard of living;
- other dependants; and
- overall financial circumstances.
The wife should also make accurate disclosure of her own financial position.
47. What if my husband claims that he is unemployed after leaving his job?
That is a merits issue.
The court may examine whether the alleged unemployment is genuine and what financial resources or earning capacity the husband possesses.
The wife should not simply assume that a husband has no income merely because he claims unemployment.
Evidence concerning his previous employment, qualifications, business, assets and lifestyle may become relevant.
48. Can I file a maintenance case in Indore and also file proceedings elsewhere?
A wife should exercise caution.
The fact that more than one forum may appear legally available does not mean that filing parallel proceedings on the same cause without disclosure is advisable.
The court should be informed about relevant existing proceedings.
Where different statutes provide separate remedies, they may coexist in appropriate circumstances, but the amounts and previous orders may have to be disclosed and adjusted according to law.
A lawyer should examine the complete litigation history before advising on multiple proceedings.
49. What if a maintenance case is already pending in another district?
This changes the situation.
If a maintenance proceeding is already pending elsewhere, the wife should not casually file a second identical proceeding in Indore merely because she has shifted residence.
Instead, she should consider whether:
- the existing proceeding can be transferred to Indore;
- an application for transfer should be filed before the competent court;
- the existing proceeding should continue;
- another statutory remedy is available; or
- the existing case needs to be amended or supplemented.
This is especially important to avoid allegations of parallel litigation or abuse of process.
50. What if my husband works outside Indore but has a house in Indore?
This may provide an additional factual connection, but the exact circumstances should be pleaded carefully.
If the husband actually resides in or maintains a genuine residence in Indore, Section 145(1)(a) or (b) may become relevant depending on the facts.
However, simply owning a property in Indore does not automatically mean that the husband “resides” there.
Actual residence and the statutory wording must be examined.
51. What if I am staying in Indore for only a few weeks?
This may be more problematic.
The wife should not assume that a short temporary stay automatically establishes the residence contemplated by Section 145.
If the husband disputes the jurisdiction, the court may examine whether the Indore stay is genuine and substantive or merely temporary.
Therefore, where residence is likely to be challenged, the factual history should be carefully documented.
52. Can the case be transferred to Indore after it has already been filed elsewhere?
Yes, potentially.
If the case is already pending in another district, the issue is no longer simply one of choosing the initial forum.
A transfer application may be necessary.
The applicant should identify:
- present court;
- case number;
- statutory provision;
- stage of case;
- proposed Family Court, Indore;
- jurisdictional connection with Indore;
- grounds for transfer; and
- competent court before which the transfer application must be filed.
The appropriate transfer mechanism depends upon the character of the proceeding.
53. What are the strongest grounds for an Indore transfer?
From a practical litigation perspective, the following combination can make a transfer request substantially stronger:
Genuine Indore residence + minor children in Indore + financial hardship + connected matrimonial proceedings in Indore + substantial travel to the existing district.
No single factor guarantees transfer.
But where several circumstances operate together, the overall case for transfer may be considerably stronger.
54. What if my husband says transfer will cause him hardship?
The court will consider his hardship too.
A good transfer application should therefore not simply say:
“It is difficult for me to travel.”
It should explain why the hardship is substantial and why it outweighs the inconvenience to the other party.
Similarly, the opposing party should explain its own hardship.
Transfer jurisdiction is ultimately concerned with the interests of justice, not merely which party prefers a particular city.
55. Practical example
Consider the following facts:
Wife: residing in Indore with her two minor children
Husband: working in Pune
Marriage: performed in Jaipur
Matrimonial residence: Pune
Present dispute: husband has stopped adequately maintaining wife and children
The wife can potentially approach Family Court, Indore because she genuinely resides in Indore.
The fact that:
- marriage occurred in Jaipur; and
- husband works in Pune
does not by itself eliminate the Section 145(1)(b) jurisdictional basis arising from the wife’s residence in Indore.
If the husband challenges jurisdiction, the wife should prove her actual Indore residence.
56. Another example
Wife: Indore
Husband: Bhopal
Parties’ last shared residence: Indore
Here, there may be two statutory connections:
- wife’s residence in Indore under Section 145(1)(b); and
- parties’ last shared residence in Indore under Section 145(1)(c).
This can make the territorial basis for Indore particularly clear.
57. Another example
Wife: temporarily staying in Indore for one month
Husband: Mumbai
Last shared residence: Mumbai
Children: Mumbai
No permanent Indore residence
In such circumstances, the husband may have a stronger factual basis to challenge Indore jurisdiction.
The wife would need to establish why her Indore residence satisfies the statutory requirement.
This demonstrates why the words “resides in Indore” should not be treated as merely a formal address.
58. What should I do before filing?
Before approaching Family Court, Indore, prepare:
Step 1: Establish residence
Collect documents showing that you actually reside in Indore.
Step 2: Establish marriage
Keep marriage-related documents available.
Step 3: Collect information about your husband
Record:
- employer;
- designation;
- city;
- approximate income;
- business interests;
- assets;
- known liabilities.
Step 4: Record children’s expenses
Prepare details of:
- school fees;
- medical expenses;
- tuition;
- transportation;
- food;
- clothing;
- accommodation;
- other regular expenses.
Step 5: Prepare your own financial disclosure
Be accurate about:
- income;
- employment;
- assets;
- bank accounts;
- liabilities.
Step 6: Check previous litigation
Find out whether there are:
- DV proceedings;
- divorce proceedings;
- custody cases;
- previous maintenance proceedings;
- settlement agreements;
- previous maintenance orders.
Step 7: Draft the jurisdiction paragraph carefully
The petition should specifically invoke the applicable clause of Section 145.
59. What should I avoid doing?
A wife filing a maintenance proceeding should avoid:
- giving a false Indore address;
- concealing an existing maintenance proceeding;
- exaggerating the husband’s income without basis;
- concealing her own income;
- filing duplicate proceedings without legal advice;
- making unsupported allegations;
- ignoring notices from another court;
- assuming that the husband’s absence from Indore prevents the case from proceeding.
Accurate pleadings generally make a maintenance case more sustainable.
60. What happens after filing in Family Court, Indore?
The general course may include:
- filing of maintenance petition;
- scrutiny/registration;
- issuance of notice to husband;
- appearance of husband or his counsel;
- response/reply;
- application for interim maintenance, if filed;
- disclosure of financial circumstances;
- evidence;
- cross-examination, where required;
- final arguments; and
- final order.
Family Courts also have a statutory duty to make efforts for settlement where appropriate. Section 9 of the Family Courts Act requires the Family Court to endeavour, where possible and consistent with the nature and circumstances of the case, to assist the parties in arriving at a settlement.
61. What if my husband does not appear because he is working outside Indore?
His absence from Indore does not automatically stop the proceeding.
The court can issue notice and proceed according to law.
Section 145(2) BNSS specifically deals with personal attendance, representation through an advocate where attendance is dispensed with, and ex parte proceedings in cases of wilful avoidance of service or attendance.
Therefore, an outstation husband should not assume that his physical absence from Indore gives him immunity from the proceeding.
62. What if my husband transfers his job after the case is filed?
A subsequent transfer of employment does not necessarily destroy the jurisdiction already properly invoked.
The court should consider the statutory jurisdiction at the appropriate stage and the facts of the proceeding.
Moreover, because Section 145 provides multiple territorial alternatives, the wife’s residence or last shared residence may continue to provide a jurisdictional basis independent of the husband’s current workplace.
63. What if my husband says that he will lose his job if he has to attend Indore?
That may be relevant to questions of personal appearance and procedural convenience.
But it does not automatically mean that the Indore court lacks jurisdiction.
The husband can seek appropriate directions concerning personal appearance where justified.
The court can balance the need for effective participation with the practical circumstances of the respondent.
64. Important distinction: jurisdiction versus convenience
This distinction is extremely important.
Territorial jurisdiction
The question is:
Can Family Court, Indore legally entertain this Section 144 proceeding?
Section 145 provides the answer based upon the statutory territorial connections.
Convenience
The question is:
How should the parties participate in the proceeding?
This can include:
- exemption from personal appearance;
- appearance through advocate;
- scheduling;
- evidence arrangements;
- other procedural directions.
Therefore, the husband’s employment in another city may create convenience issues without destroying Indore’s territorial jurisdiction.
65. Final legal position
Yes, you can generally file a maintenance case before Family Court, Indore even if your husband is currently working or residing in another city, provided the statutory territorial requirements are satisfied.
The strongest and most straightforward basis is often your genuine residence in Indore.
Section 145(1)(b) BNSS expressly provides that a proceeding under Section 144 may be taken in a district where the husband or his wife resides. Therefore, the husband’s employment in another city does not automatically require you to file the case in the city where he works.
You may also have an additional jurisdictional basis if you and your husband last resided together in Indore, because Section 145(1)(c) specifically recognises that district.
The Family Courts Act, 1984 expressly includes proceedings for maintenance within Family Court jurisdiction and provides for the maintenance jurisdiction corresponding to the Magistrate’s jurisdiction under the earlier CrPC framework.
Therefore, the practical position can be summarised as follows:
Husband working outside Indore does not by itself prevent a wife who genuinely resides in Indore from filing a Section 144 BNSS maintenance proceeding before Family Court, Indore.
However, the wife should be prepared to establish her genuine residence if the husband disputes jurisdiction, and the maintenance petition should clearly plead the applicable ground under Section 145 BNSS.
If the wife has returned to her parental home in Indore, has minor children with her, and the husband is working in another city, these facts should be specifically and carefully pleaded because they may be important both for territorial jurisdiction and for the practical assessment of the maintenance claim.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304