N RAMARAO MANE Vs. RADHA RUKMINI BAI

JUDGEMENT

(1.) THIS revision petition is preferred against the order of the City Magistrate, Mysore, dt.23-12-1971, passed in C.Mis.222 of 1970 on the file of his Court. That order was made in a proceeding under S.488 of the CrlPC. The petitioner in this Court is the husband and the respondent is the wife. The respondent filed an application under Sec.488 of the CrlPC. against her husband on the ground of cruelty on the part of the husband. It was alleged that the husband abused and deserted her and refused to maintain her. In his objection statement the husband denied each and every allegation that was put forth by the petitioner (wife) in her petition. It was further contended on behalf of the husband that the City Magistrate, Mysore, has no jurisdiction to entertain the petition inasmuch as, according to her own showing, the petitioner was residing with her husband in Bangalore when she was taken away from his house by her father. Mr.Mariappa, the learned Advocate, for the petitioner argued that it is not disputed that the husband of the revision petitioner rseides in Bangalore. He submitted that it is also not disputed that the revision petitioner last resided in Bangalore and it is not denied by the respondent (wife) that when she was taken away from the house of the revision petitioner by her father she had been residing with the revision petitioner at Bangalore. It was urged by him that in these circumstances, it cannot be said that the Court below has jurisdiction to entertain the petition inasmuch as the revision petitioner was not residing within the territorial jurisdiction of that Court. Sub-section(8) to Section 488 CrlPC. reads: