Wife can maintain Sec 125 CrPC application even at a place where she is residing for time-being

Sachin Gupta Vs Rachna Gupta

Delhi HC

21/01/2019

CRL.REV.P. 476/2018

About/from the judgment:

The High Court dismissed a revision petition filed by the husband against the judgment of the trial court whereby his application under Order 7 Rule 11 CPC impugning the proceedings filed by the wife on the ground of territorial jurisdiction was rejected.

 

Sanjay S. Chhabra with Satish Chaudhary, Advocates for the petitioner argued that the present application by the wife under Section 125 CrPC was not maintainable at Delhi because in all proceedings except the present one she had mentioned her residential address at Aligarh, U.P. Per contra, it was submitted on behalf of the wife by Saurabh Soni with Mannat Singh, Advocates that she was residing in Delhi with her brother since 2008.

 

The High Court perused Section 126(1) CrPC which deals with the place of the institution of proceedings under Section 125. It was observed, “Section 126(1) does not contemplate permanent place of residence. Even a place where the wife is for the time being residing would confer jurisdiction on such a court, where she is residing. However, residence temporarily acquired solely for conferring jurisdiction would not satisfy the requirements of Section 126(1).”In view of the law that wife can maintain a petition under Section 125 at any place where she is residing and the fact that she placed on record proof that reflected her address at Delhi, it was held that the trial court did not commit any error in rejecting husband’s application. The petition was dismissed for being without merit.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

© 2018 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.