G M NAIR Vs. JAGADAMMA

JUDGEMENT

(1.) A husband and wife fell out and the wife approached the court of a Chief Judicial Magistrate claiming maintenance allowance from the husband under Sec. 125 of the Code of Criminal Procedure (for short' 'the code' ' ). The Chief Judicial Magistrate granted an order directing the husband to pay her a monthly allowance at the rate of Rs. 500. Thus far there was not much hitch. But the trouble started when she filed a petition before a judicial magistrate of first class for enforcement of the order and the said magistrate Issued notice to the husband. The present criminal miscellaneous case has been filed by the husband contending that with the establishment of Family Court covering the area concerned no magistrate has jurisdiction to continue any proceeding under Chapter IX of the Code.

(2.) I issued notice to the respondent-wife on this criminal miscellaneous case and requested Shri S. Vijayakumar, advocate to argue as amicus curiae in the matter. I express my gratitude to him as he readily reciprocated and addressed arguments ably.