deciding of domicile based on ag. Land


Hello dear friends

a Man X is claiming to be permanent resident of a place "A" based on possessing Agricultural land on place "A"

though he has (Possess/own) permanent home at palce "B"

and presently reside in place "c"  where he is empolyed

further at "A" where he own land he is not ploughing/ doing any agricultural work and the land has been inherited by his forefathers

whether he can claim his permanent residence at "A" or not ?

i am claiming that he hi residing at C or B

i am fighting a case on jurisdiction under crpc 125 

 

 

 
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Adv P & H High Court Chandigarh

So far as jurisdiction under section 125 Cr. PC is concerned, it has nothing to do with the point of contest posed by yu in the quarry. I think you are from husband (respondent) side. The wife can file the petition at her matrimonial home, place of her mariage, place of her in-laws, place where both last resided or the place where marriage was consumated. So you chose the place within the facts of your case.

 
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thank u sir for reply
i know the place where 125 can be initiated
Section 126(1) is reproduced here 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.”
 but from where she is contesting is not any place as above
they are contesting since their  real uncle is lawyer at that place and recently they produce some document of owning a land(by inherietance) at that place
can it is sufficient ground to hold jurisdiction though they have/own permanent home at some other place
as in In Smt Puja Vs District Magistrate and Smt Vandana Mishra ,date of judgment 22 Feb 2007,Allahabad High Court , it was ruled that holding a property can not grant status of residence
what is your view ?
any supporting judgment ?

 
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