I appreciate your opinion. I am neither practicing law not student of law. But I would like to present what I have interpreted by reading CRPC 126.
Sir, talking about territorial jurisdiction of CRPC 125, the CRPC 126(1) reads as-
Proceedings under section 125 may be taken against any person in any district-
(a) where he is, or
(b) where he or his wife, resides, or
(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.
Here the law doesn’t talk about where her parents are residing or what is her address in her Aadhar Card or Voter Card or where the marriage was solemnized. Here the law simple states that where “he or his wife is residing”. The sentence is in present tense. Two things are clear that that she is doing job in Gandhinagar and staying in Ahmedabad and I placed documentary evidence also. Now to do job in Gandhinagar, she has to “reside”, here comes the word “reside”, somewhere near to Gandhinagar so as to perform her duty and its simply not tenable that she is doing job of 8 hours/day in Gandhinagar and travelling distance of almost 10-12 hours between Gandhinagar & Rajkot on a daily basis.
For claiming maintenance, territorial jurisdiction has been solely left with word “Reside”, so as to give wider connotations and facilitate convenience of female to claim for maintenance from the place where she is residing presently, which is devoid of where she resided in past or where the marriage solemnized etc. Can’t court take cognizance of the facts that despite she residing in Ahmedabad doing job in Gandhinagar, how could be it convenient for her to file a case in Rajkot and not in Ahmedabad or Gandhinagar? It proves that she has malafied intention in harassing the defendant by filing the case in Rajkot. It shall also be noted that on the very first hearing itself, the petitioner herself was not present in the court.
Today she has filled a case in Rajkot, tomorrow she may file case in a court somewhere in Rajasthan also just by saying that on weekends she stays there. So there is difference between “stay” and “reside”. “Reside” is much more than “Stay” and is directly connected with convenience in the present time and court shall use prudence and its fine sense of judgment by unearthing the hidden motive behind filling of this case.
Sir, I am not challenging your profound knowledge. All I am trying is defending myself in one of the most difficult time of my life.
So, could please guide me what are the chances of me getting the case quashed in Rajkot by presenting arguments as narrated hereinabove in my defense?
I would be highly obliged to other members of this forum also, if they can provide there valuable inputs in my case.