DEEPA JITENDRA JOSHI Vs. APURVA VASHISHTH THAKAR

JUDGEMENT

(1.) Whether the Family Court, Junagadh could have rejected the application of the applicant -wife under Section 125 of the Code of Criminal Procedure, 1973, on the ground that it had no jurisdiction to try the same, is the question for consideration.

(2.) The challenge in this Revision Application by the applicant -wife is directed against judgment and order dated 17.01.2014 passed by learned Judge, Family Court, Junagadh, rejecting Criminal Misc. Application No. 9 of 2012 filed by the applicant claiming maintenance, holding that the Court had no territorial jurisdiction to try and decide the same.

(3.) It is necessary to mention the facts of the case. The applicant had married with respondent No.1 on 06.03.2007 at Gandhinagar as per Hindu rites. The marriage was registered before the Registrar of Marriages. The applicant started living at the matrimonial home at Matunga at Mumbai in the joint family. Her husband was not keeping any marital relationship with her and in his conduct and activities, he was wedded to Harikrishna sect. He was only engrossed at all times in religious activities of the sect and was not interested in the applicant. It was the case of the applicant further that initially, she persuaded herself, but the things did not improve and on the contrary, her husband used to ask her to join the religious activity. She stated that she could never consummate her marriage. The husband and in -laws harassed her; when she used to complaint about the conduct of her husband, they used to quarrel. It was the case of the applicant that ultimately, she was deserted and driven out of her matrimonial home.