SAKUNTALA Vs. THIRUMALAYYA

JUDGEMENT

(1.) This revision petition under Sec. 439, Criminal Procedure Code, arises out of a proceeding instituted under Sec. 488, Criminal Procedure Code, by a wife against her husband for maintenance on the ground of cruelty and second marriage. The learned Sub -Divisional Magistrate, Poonamallee, before whom the proceeding was instituted, declined to entertain the petition on the following ground ;

(2.) Now it is not disputed before me by Sri S. Balasubramaniam, the learned Counsel for the petitioner, that the respondent (husband) has always been residing in a village in Tiruttani Taluk. But he contends that Sec. 488(8), Criminal Procedure Code, enables the petitioner to institute proceedings anywhere in the District of Chingleput of which Tiruttani Taluk is a part and that it is more convenient for the petitioner to institute the proceeding at Poonamallee than at Tiruttani as she is residing at Tambaram and Poonamallee is nearer to Tambaram and Tiruttani is far away.

(3.) Sec. 488(8) runs thus: