section 125
Ginny bhatia
(Querist) 06 July 2010
This query is : Resolved
Hi My cousin has filed a case of section 9 against his wife on 20th jan 10 and on that basis they haved filed a case of section 125 after one month
they were married in delhi,child was born in delhi and they stayed in delhi and as per my knowledge goes there is no juridisction of indore court for that case as things happened in delhi and the case was filed by my cousin in delhi first can u pls suggest what to do and if u have any jugegement to show to the court pls help
Sukhija
(Expert) 06 July 2010
I differ with above views.
For example, If gentleman was staying at present in Mumbai, he could file case in mumbai though lady may be staying in Indore and marriage performed in Delhi and stayed in Delhi. Jurisdiction has nothing to do whether party to petition is lady or gentlement.Right sir?
Devajyoti Barman
(Expert) 06 July 2010
Kindly note that as per section 126 of crpc the case u/s 125 cab be filed in the district where
1.Where the husband is,
2.where he or his wife is,
3.where he last resided with his wife.
Other than that case can not be filed anywhere.
As the provision of section 125 is promulgated for the betterment of the women and the child , it is bound to be of more beneficial to them than the husband.
G. ARAVINTHAN
(Expert) 06 July 2010
May be that lady now residing at Indore
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 July 2010
