Case Note & Summary
The petitioner husband and respondent wife were married on 13.06.2010 and were estranged. The wife filed a petition under Section 125 CrPC before the Family Court at Mangalore on 12.11.2013, seeking maintenance. The husband filed objections on 03.02.2014, contending that the Family Court lacked territorial jurisdiction as he resided in Navi Mumbai. The Family Court treated jurisdiction as a preliminary issue and by order dated 01.07.2014 overruled the husband's objection, holding it had jurisdiction. The husband challenged this order by way of a writ petition under Articles 226 and 227 of the Constitution. The High Court, after hearing the husband's counsel, noted that under Section 126(1)(b) CrPC, proceedings under Section 125 may be taken at the place where the wife resides. Since the wife resided in Mangalore, the Family Court at Mangalore had jurisdiction. The High Court found no merit in the petition and dismissed it, upholding the Family Court's order.
Headnote
A) Family Law - Maintenance - Territorial Jurisdiction - Section 125 read with Section 126 CrPC - Wife's petition for maintenance filed at Mangalore where she resided - Husband objected on ground that Family Court had no jurisdiction as he resided in Navi Mumbai - Court held that under Section 126(1)(b) CrPC, proceedings may be taken at the place where the wife resides - Held that the Family Court at Mangalore had jurisdiction to entertain the petition (Paras 1-3).
Issue of Consideration
Whether the Family Court at Mangalore had territorial jurisdiction to entertain the wife's petition under Section 125 CrPC when the husband resided in Navi Mumbai.
Final Decision
The High Court dismissed the writ petition, upholding the Family Court's order that it had jurisdiction to entertain the wife's maintenance petition under Section 125 CrPC.
Law Points
- Territorial jurisdiction under Section 126 CrPC
- Wife's right to file maintenance petition at place of residence
- Family Court jurisdiction
Case Details
2014 LawText (KAR) (10) 21
Writ Petition No.44844/2014 (GM-FC)
Mrs. Prima Violet Fernandes
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Nature of Litigation
Writ petition challenging Family Court's order on territorial jurisdiction in a maintenance case under Section 125 CrPC.
Remedy Sought
Petitioner husband sought to quash the Family Court's order dated 01.07.2014 which overruled his objection regarding lack of territorial jurisdiction.
Filing Reason
Husband contended that the Family Court at Mangalore had no jurisdiction to entertain the wife's maintenance petition as he resided in Navi Mumbai.
Previous Decisions
Family Court at Mangalore by order dated 01.07.2014 overruled the husband's objection and held that it had jurisdiction.
Issues
Whether the Family Court at Mangalore had territorial jurisdiction to entertain the wife's petition under Section 125 CrPC.
Submissions/Arguments
Petitioner argued that the Family Court at Mangalore lacked territorial jurisdiction as he resided in Navi Mumbai.
Ratio Decidendi
Under Section 126(1)(b) CrPC, proceedings under Section 125 may be taken at the place where the wife resides. Since the wife resided in Mangalore, the Family Court at Mangalore had territorial jurisdiction.
Judgment Excerpts
This writ petition is directed against an order dated 01.07.2014 passed by the Prl. Judge, Family Court, D.K., Mangalore in Crl.M.C.No.53/2013, overruling the objection raised by the petitioner that it has no jurisdiction to entertain and try the case.
The petitioner and the respondent are estranged couple. Their marriage was solemnized on 13.06.2010.
Crl.M.C.No.53/2013 was filed on 12.11.2013 by the respondent, in the Family Court, D.K., Mangalore under S.125 of Criminal Procedure Code.
Procedural History
Wife filed Crl.M.C.No.53/2013 under Section 125 CrPC before Family Court at Mangalore on 12.11.2013. Husband filed objections on 03.02.2014 challenging jurisdiction. Family Court treated jurisdiction as preliminary issue and by order dated 01.07.2014 overruled the objection. Husband filed Writ Petition No.44844/2014 before High Court of Karnataka on 17.10.2014 challenging that order.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 125, 126
- Constitution of India: 226, 227
