Code of Criminal Procedure, S. 125, 126; ------- Territorial Jurisdiction to file case for maintenance ------- Regarding the place of institution and adjudication of the maintenance proceeding, it is...
Read MoreCode of Criminal Procedure, S. 125, 126; ------- Territorial Jurisdiction to file case for maintenance ------- Regarding the place of institution and adjudication of the maintenance proceeding, it is indicated therein that such proceeding can be taken against any person in any district, inter alia, where the wife resides ---
-- The word ‘reside’ means to live or to have a dwelling place or an abode and is not equivalent to something in the nature of having a domicile in a particular
place or having a place as the place of origin or the place where the family used to live ----- The words ‘where he or his wife resides’ in section 126(1)(b) of the
Code has been interpreted to mean not only domicile in the technical sense of that word but also something more than a flying visit to or a casual stay in a particular place contemplating animus manendi or an intention to stay for a period. The length of the period is dependent upon the circumstances of each case ------ Thus a person ‘resides’ in a place if he/she through choice makes it his/her abode permanently or temporarily and whether he/she has chosen to make a particular place his/her abode or not depends upon the facts and circumstances of each case ----- The territorial jurisdiction is to be determined on the date of filing the application. Even if the wife resides at a place temporarily on the date of filing of the application under section 125 Cr.P.C., the concerned Court within whose territorial jurisdiction she is residing, can entertain such application. (Para 7);
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