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shamim (manager)     19 March 2010

crpc 125

 could any body precisely  Tell me?, wether   a married muslim Women Can File A Maintenance Under Crpc 125  anywhere in india,( claming she resides there). or only at place where  she last resided with husband ,where alleged incident (desertaion because of cruality took o place).

Is There Any ruling on This jurisdiction?

 

ppls. reply.

Shami



 5 Replies

Guest (Guest)     19 March 2010

There are several rulings that the wife can file where she is temporarily residing.

1. Even if the wife was living with her brother at the relevant time at Sidhbari (dharmasala) though temporarily despite the fact that she was serving in the school at Naud on part time basis, Dharmasala has got jurisdiction. Smt. Kesari Devi Vs, Jagdev Singh 2005 Cr.L.J. 1091 (HP)

2. Petition for maintenance of wife and his daughter at the place where the wife is residing it is immaterial that the wife is not residing there (Kumutham Vs. Kannappan 1998 SCC (Cr.)1377 at P. 1378)

3.  The court within whose jurisdiction the petitioner is residing, has jurisdiction to try the petition (Moti Ram Vs. Ist Addl. District Judge, Bareilly 1992 Cr.L.J. 1007 (All.)

 

Despite of above rulings, I suggest you to take recourse of Domestic Violence Act, which gives more scope as far as territorial jurisdiction is concerned. 

1 Like

Gundlapallis (Advocate)     20 March 2010

Yes Mr. Prabhakar is right in suggesting you to take recourse under Domestic Violence act - not only for the advantage of more scope of territorial jurisdiction but the advantage is also in form of quantum of maintenance that would be decided.  U/sec 125 Cr.PC a bare minimum survival is the point of consideration subject to a maximum limit but, under DV Act the status and living standard of the woman claiming mantenance is considered keeping in view the husband's total income.

shamim (manager)     22 March 2010

 But ,she did not File A DV Acct On my.........., Then How Can i Take A recourse  under That act.

 

pls reply

Guest (Guest)     22 March 2010

By your first post, I am confused that you are on the side of lady.  If you are on the side of the husband, you contest the case raising normal objections including lack of territorial jurisdiction etc. 

shamim (manager)     22 March 2010

could  You Elaborate On territorial Jurisdiction , considering the FAct That I am a husband side, and   now Refering To My first Post?


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