Pragyan Mishra (-) 10 January 2015

Jurisdiction of 125 crpc

Dear Learned Members,

My wife now living at a different place with her parents & filed the maintenance petition at a place where her paternal uncle resides stating that she was forced to take shelter under the roof of her paternal uncle. This is just to drag me to a remote area and usurp money.

I filed RCR & notice sent to both her addresses and luckily, her uncle returned the same stating that the lady was never resided there & she was living with her parents. She received a copy at the place she actually resided with her parents.

Now my question is:

1. Can I appeal u/s 126(1) Crpc to dismiss the maintenance petition on the ground no jurisdiction???

2. Is there any favourable judgements in this regard.

3. I searched the net, however, the term "is" is sec 126(1) is bit confusing.

Please help

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4 Replies

Rajiv kumar (abc) 11 January 2015

Yes , you may raised the question of jurisdiction in order to delay the maintenance, but be sure it shall not be accepted? she has right to file 125 from wherever she stays. if she showing any false story for creating jurisdiction then try to prove that wrong version of story.

To best of my knowledge there is no favourable judgement for 125 on jurisdiction.

Advocate Ravinder (Advocate/Attorney) 11 January 2015

Normally the jurisdiction in criminal law will be place of offence. When the wife is residing in parents house, the jurisdiction will be treated as parents house only. Because if the husband fails to pay maintenance, the offence is deemed to have committed at her Parents house only. Even otherwise also, wife will be given privileage to file case at her convenient place.

T. Kalaiselvan, Advocate (Advocate) 15 January 2015

This jurisdictional point alone will not be a sufficient reason to repudiate her claim for maintenance. You may have to add the actual reason that why she is not eligible for maintenance. You may state in the counter objections all these and can seek for its dismissal.