MANISH PRAKASH SAVAL Vs. NEHA RANI SAVAL

JUDGEMENT

(1.) The applicant herein raised an objection in continuance of maintenance application filed by the respondent herein (wife) under Section 125 of the CrPC is not maintainable as the Judge, Family Court, Rajnandgaon has no territorial jurisdiction to entertain the same because the respondent/wife lastly resided at Jagdalpur. The Family Court has passed the impugned order holding that the respondent is residing temporarily with his father's sister (Bua) as her parents are not able to maintain her, against which, this criminal revision has been filed questioning that order.

(2.) Mr.Renu Kochar, learned counsel appearing for the applicant, would submit that the impugned order passed by the Family Court deserves to be set aside as under Section 126 (1) of the CrPC proceeding would lie where the respondent/wife is residing with her parents. She would further submit that the respondent could not have been filed the application under Section 125 of the CrPC before the Family Court, Rajnandgaon and the Family Court, Rajnandgaon has no jurisdiction to hear that application.

(3.) I have heard learned counsel appearing for the applicant, considered her rival submission and perused the order impugned.