FRANCIS J. LOPEZ Vs. PRIMA VIOLET FERNANDES

JUDGEMENT

(1.) 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.

(2.) THE petitioner and the respondent are estranged couple. Their marriage was solemnized on 13.06.2010. Alleging desertion etc., the petitioner served a notice dated 14.10.2013 on the respondent. 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 (for short 'the Code'). The petitioner filed statement of objections on 03.02.2014. In view of the pleading of the petitioner that the Family Court, D.K., Mangalore has no territorial jurisdiction to entertain and try the case and based on the submission made by the petitioner's advocate, the said issue was treated as a preliminary issue and was answered against the petitioner on 01.07.2014. The said order has been assailed in this writ petition.

(3.) SINCE the question involved is only with regard to the jurisdiction of the Court in terms of S.126 of the Code and S.7 of the Act, as to the place where the petition can be filed, I have not noted the other facts stated in Crl.M.C. No. 53/2013 and also the statement of objections filed to it.