VYAS JESUKHLAL Vs. PRABHABEN AMRATLAL

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge, Central Saurashtra Division, Rajkot, and for the reasons stated therein we accept it.

(2.) THE opponent Prabhaben Amratlal had filed an application under Section 488, Criminal P.C., for maintenance against her husband Vyas Jesukhlal Bhaishanker in the Court of the First Class Magistrate, Rajkot. A preliminary question of jurisdiction was raised that as the parties last resided at Sadakvala Pipalia in the jurisdiction of the First Class Magistrate, Gondal, and where the opponent still continued to reside, the Rajkot Magistrate had no jurisdiction and that the proceedings should have been filed in the Court of the First Class Magistrate at Gondal.

(3.) WE accordingly accept the reference and direct that the proceedings be transferred to the First Class Magistrate, Gondal.