EDAKKAT MANNARACKAL CHINNAMMA Vs. THUMBAN KAPPUNNI

JUDGEMENT

(1.) This revision petition is against the order of the District Magistrate (Judicial), Kozhikode. The petitioner is the wife of the respondent. She obtained an order for maintenance at the rate of Rs. 25/- per mensem against the respondent in M.C. 118/1961 at the court of the District Magistrate (Judicial), Kozhikode. That order was being executed by the petitioner from time to time till 5th June 1971. There were arrears for three months prior to 15th June 1971, and hence for the execution of the order the petitioner filed a petition before the District Magistrate, Kozhikode. The District Magistrate passed an order dated 14-6-1971 returning the petition to the petitioner stating that the respondent is a resident within the jurisdiction of the Manjeri court and hence the petition for execution shall be filed in that court.

(2.) The allegation in the petition is that the petitioner and respondent last resided within the jurisdiction of the District Magistrate's Court, Kozhikode. The District Magistrate did not notice that allegation in the petition. Evidently the petitioner before the order of maintenance was passed in her favour had lived with the respondent within the jurisdiction of the District Magistrate's Court, Kozhikode. Once it is alleged that she resided last with her husband within the jurisdiction of that court, the court has jurisdiction to entertain the petition. Sub-s.8 of S.488 of the Criminal Procedure Code provides: