GANGABAI SATNAMI Vs. CHETRAM SATNAMI
HIGH COURT OF CHHATTISGARH
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Sunil Kumar Sinha, J. -
(1.) This revision has been directed against the impugned order dated 20.9.2004 passed in Criminal Revision No. 188/2004 by the Addl. Sessions Judge, Janjgir Champa (C.G) arising out of the order dated 12.12.2004 passed in M.J.C. (Criminal) No. 59/2003 by the Judicial Magistrate, First Class, Janjgir.
(2.) The admitted facts of the case are that the non-applicant herein namely Chetram is the son of the applicant and is working in Amlai Collieriery, Distt. Shahdol (M.P). The applicant (mother) is residing in village Kharod, P.S. Shivri Narayan, Distt. Janjgir Champa. She filed an application before the J.M.F.C., Janjgir, for grant of maintenance against the son under Section 125 of Cr. P.C. along with an application for interim maintenance. This matter came up for hearing before the Magistrate on 12.2.2004. On the said date, the Magistrate decided the application for interim maintenance and ultimately directed the non-applicant to pay a sum of Rs. 1,000 p.m. as the amount of interim maintenance to the applicant. Against the said order passed by the Magistrate, a criminal revision bearing No. 188/2004 was filed by the non-applicant and the aforesaid criminal revision was allowed by the Sessions Judge holding that since the non-applicant does not reside in the local limits of jurisdiction of the Court of J.M.F.C. Janjgir Champa (C.G) and he admittedly resides in the local limits of jurisdiction of a Court falling in the State of M.P., the Court at Janjgir Champa was having no jurisdiction to entertain the application filed under Section 125 of Cr. P.C. by the applicant (mother), therefore, the impugned order was set aside.
(3.) Learned Counsel for the applicant submitted that as an effect of passing of the impugned order in revision, now the proceedings before the Magistrate have been dismissed and in fact, the application filed by the applicant, mother, has been dismissed for want of jurisdiction before the Court of Magistrate. He further submitted that the aforesaid order passed by the Sessions Judge is not in accordance with law as the applicant, who is the mother, was entitled to file an application for maintenance under Section 125, Cr. P.C. before a Court within whose limits of local jurisdiction she was residing and the learned Sessions Judge erred in law in holding that such an application was not maintainable before the said Court at Janjgir Champa.;
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