BAI MEGHI SAJAN Vs. HARIJAN NEJA KHIMA

JUDGEMENT

(1.) This is a reference made by the learned Additional Sessions Judge Rajkot District Gondal under sec. 438 of the Criminal Procedure Code recommending that the order passed by the learned Judicial Magistrate First Class Jetpur in Misc. Criminal Application No. 19 of 1969 dismissing the application filed by the petitioners against opponent No. 1 (husband of petitioner No. 1) for want of jurisdiction dated 9-3-1970 be set aside and for giving a further direction to the learned Magistrate that he should entertain the application and dispose it of in accordance with the law.

(2.) The facts leading rise to this reference briefly stated are as under:- The petitioners filed a maintenance proceeding under sec. 488 of the Criminal Procedure Code against opponent No. 1. Petitioner No. 1 Bai Meghi had formerly married with one Mepa Bhima brother of opponent No. 1 and through the said Mepa she had begotten two daughters Kisu and Mangu-petitioners Nos. 2 and 3 on the death of Mepa she contracted re-marriage with opponent No. 1. According to her opponent No. 1 is her husband and she is his married wife They both resided as husband and wife last at Masitala in Gondal Taluka. But due to the ill-treatment meted out to her by him (husband) she had to go and stay at Jetpur. She herself had no means to maintain herself and her two daughters. Her husband has refused and neglected to maintain her and her daughters. She has therefore claimed maintenance at a particular rate for herself and her two daughters.

(3.) Opponent No. 1 amongst other contentions raised a contention regarding jurisdiction. According to him as the parties last resided together at Masitala village Gondal Taluka as stated by the petitioners Jetpur Court had no jurisdiction to hear this application. The learned Magistrate accepted that contention and passed the impugned order.