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Maintenancevictim (Own)     03 November 2014

Jurisdiction of crpc 125

Hi all

A quick question on Jurisdiction on CrPC 125 - if wife files for CrPC 125 at her parents place, does she need to provide documentary proof containing her name as address proof? Or is it sufficient for her to submit a document with her parents name as address proof?

 

If she submits documentary proof with her parents name only, can we contest the jurisdiction of the court on this basis? 



Learning

 9 Replies

Tajobsindia (Senior Partner )     04 November 2014

@ Author,

 

1. The jurisdiction conferred by the S. 125 CrPC on the Magistrate (or ld. APJ-PJ as the case may be of a Family Court) is more in the nature of a “preventive” rather than a “remedial jurisdiction” and it is certainly not “punitive”.

 

2. When the “social” purpose of S. 125 Cr.P.C. is to ‘prevent vagrancy and destitution’ the ‘cause of action’ for proceedings under S. 125 Cr.P.C. arises at the place where the person claiming maintenance is and is apt to face vagrancy and destitution. It is, no doubt true that proceedings can be instituted at the place where the defendant resides because that would be the place where ultimately the order of maintenance, if passed, would be enforced, but, this question comes with a rider which are explained next. 


3. All that is required to produce if challenged by defendant is Proof Affidavit of her parents that their daughter being destitute and living under vagrancy resides with them. Now, it is defendant side's contentions that she does not reside there and for the same if stressful arguments done with admissible evidences as ‘preliminary objections’ such as RTI reply of no name of hers in parents ration card, RTI reply of no name of hers in local Electoral List, RTI reply of no name of hers in local RTO issued Driving License, RTI reply of her passport not of same jurisdiction, RTI reply of she not working in any Govt. school within jurisdiction limits of the specific Court , Reply from all pvt. schools, collages, all education institutions within jurisdiction limits of the specific Court  that she does not work there etc. and instead most and/or few and/or  all of these are pointing to some other jurisdiction than local Court's jurisdiction limits then a case is in hand otherwise for such summary maintenance cases Court does not entertain 'jurisdiction' requests. 

 

[Last reply]

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     04 November 2014

Very good problem with exceptional expertise.

 

Search this site where others have posted valuable judgments on this issue.

 

You and similar other cases can fight on this issue alone and can avoid this harsh law.

Maintenancevictim (Own)     04 November 2014

Hi TA Jobs

 

Thanks for the feedback.

In her petition, my wife says " I was thrown out by my husband and hence was forced to stay my parents" - in this case can i still fight on the jurisdiction front- i have most of the above documentary proof that support that she stayed in my place

She further states " as per the requirement of the petitioners and status of the respondent an amount of Rs.XXXXX is required for sustenance" - is this sufficient grounds for destitution / vagrancy or should she specifically state that she is not able to maintain herself?

T. Kalaiselvan, Advocate (Advocate)     06 November 2014

In the petition if she claims that she has been thrown out of her matrimonial house and has taken shelter under the roof of her parents' house, it is very much within proper jurisdiction.  It is proper to say that she is not having residential proof at a new place or at her parents' place because she had been living with you before she was allegedly deserted by you.  About other aspect, you challenge her claim properly in the court if you believe your have merits in your side.

N R Dash.. (Advocate)     25 December 2014

Fully agree with Adv. T. Kalaiselvan. There may be chances she is residing with her parents in a rented house a total new place. She does not have to provide any proof, rather the affidavit will do everything regarding the jurisdiction.

 

However, if she is not at all residing & has with malafide intention given a false affidavit to satisfy the jurisdiction, you will have to collect all evidences & prooofs & you may file a case or purjury.

2 Like

N R Dash.. (Advocate)     26 December 2014

With sufficient proof & evidence, you can also file an application u/s 126 for rejection of the maintenance petition on the ground of no jurisdiction....

1 Like

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     27 December 2014

Court needs evidence, mere submission has no meaning.

 

And unless you resist the court is bound to believe her claim since it amounts admission on your part.

 

Fight on jurisdiction issue and you can avoid draconian provisions of gender based laws.

 

Any body facing similar situations can contact us by email for proper directions in the matter.

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     28 December 2014

Many people write us regarding FORMAT and procedure since they want to contest themselves without the aid of any advocate.

 

Please visit any court in India and irrespective of ADVICE by many on this forum the maintenance is granted as a rule unless you can prove that you are a PAUPER.

 

Once maintenance is granted it is like CANCER since you have to pay it otherwise JAIL  for every month of default.

 

You must take services of an expert advocate from DAY ONE to contest all such cases if want any results. Otherwise you can go on  fighting in vain with no results.

 

Our offer is proper guidance to the advocate that what steps should be taken.

 

N R Dash.. (Advocate)     28 December 2014

Totally agree with Adv. Santosh Singh.

 

Little knowledge may be dangerous for you. Its good that you want to get involved in your legal proceedings, however, cases can't be won by simple following the copycat attitude & by following generalised replies in a forum.

1 Like

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