Jurisdiction for case under section 125(3) crpc

indranil bhattacharjee (Querist) 20 September 2015 This query is : Resolved
along with other cases, wife filed 125 CrPC case also before APJ,Fam Crt, Lucknow in 2008, maintenance ordered for 2 children but no maintenance granted to her... after 2 years a compromise (temporary in nature) was executed between the parties on 26th July'10 in Fam Crt, Lucknow in the case of 13A, HMA, pending before PJ, Fam Crt according to which parties were supposed to live together....around May'11 situations again became unbearable for the husband so he filed an application before 125 crt, lucknow (as original PJ Court was vacant) informing the court that he is withdrawing himself from the compromise and prayed the court that it should decide maintenance amount for wife and pass suitable order for meeting children... court passed an INTERIM ORDER for certain amount with consent of the husband..the date of this order was 22nd July'11..on the next date the court was about to dismiss the petition annoyed by non-appearance of wife..an exemption was filed by her on that date immediately, which certainly become a proof that she got to know about the order of 22nd July'11. After that she never appeared in any proceeding of the case...on 3rd Sept'11 the wife, without informing anywhere in the courts at lucknow permanently left for ahmedabad, gujrat (her parental home). Her non-appearance in the case continued since the date after 22nd July'11... In May 2013 she filed a recovery case of 125(3) CrPC at FAMILY COURT,Ahmedabad for execution of the INTERIM MAINTENANCE ORDER passed by Family Court, Lucknow.. directly a warrant followed by a order for salary deduction was executed on the husband by Family Court, Ahmedabad...Husband filed a revision before Gujrat High Court... salary deduction order set asideand Fam Crt is supposed to hear the parties on merit and jurisdiction of the case
My Question is :
is the case U/s 125(3) CrPC maintainable at Ahmedabad anyway when the original case of 125 is at Lucknow (keeping in mind that order was an Interim Order) ?

Follow Query

Report Abuse