BISAHU RAM Vs. AKHILESH PRATAP RAJAK

JUDGEMENT

(1.) Invoking the revisional jurisdiction of this Court, petitioner-Bisahu Ram (father of respondent-Akhilesh Pratap Rajak) has filed this revision questioning the order dated 24.6.2015 passed by the Judge, Family Court, Janjgir-Champa, in Case No.26/14, by which the said Court has rejected an application filed by the petitioner under Section 125 of the Cr.P.C claiming monthly maintenance from his son on the ground of lack of territorial jurisdiction holding that the Family Court, Janjgir-Champa has no territorial jurisdiction to entertain and consider the present application.

(2.) Mr.Pushpendra Kumar Patel, learned counsel appearing for the petitioner would submit that order passed by the Family Court, Janjgir-Champa rejecting his application holding that by virtue of Section 126(1) (a) of the Cr.P.C., application for maintenance filed by the petitioner/father at the Family Court, Janigir-Champa is unsustainable and bad in law. He would further submit that the respondent is resident of village Kapan, District Janjgir-Champa, which comes within the territorial jurisdiction of the Family Court. Janjgir-Champa, but presently he is residing at Narayanpur, District Narayanpur, therefore, the Family Court, Janjgir-Champa would have entertained and considered the application for maintenance filed by the petitioner and as such, the order of the Family Court runs contrary to the specific provisions contained in Section 126(1) (a) of the Cr.P.C. and therefore, present revision petition be entertained for final hearing in the interest of justice.

(3.) In order to consider the point, it would be appropriate at this stage to notice Section 126 (1) (a),(b) and (c) of the Cr.P.C. which states as under:-