NAVITA SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Instant revision has been preferred against order dated 23.12.1997 passed by the 1st Additional Sessions Judge, Muzaffar Nagar, in Criminal Revision No. 150 of 1997, Brij Bahadur Sharma v. Navita Sarma, by which the order passed by 2nd Additional Chief Judicial Magistrate, Muzaffar Nagar, in Case No. 7/11 of 1997 in favour of Navita Sharma under Section 125 Cr.P.C was set aside on the ground that the Court of Muzaffar Nagar has no territorial jurisdiction to decide the case because Navita Sharma was living with her father-in-law, Shiv Sharma, in District Ghaziabad. The Court below held that it is the Court of Ghaziabad, which will decide the case of maintenance of Navita Sharma against her husband.

(2.) After the revision was filed by Navita Sharma notice was served on Brij Bahadur Sharma, opposite party No. 2, but none appeared for him at the time of argument, hence the arguments of the learned Counsel for the revisionist and the learned A.G.A. were heard and judgment is being delivered on merit.

(3.) The fact of the case is the Smt. Navita Sharma filed Criminal Case No. 7/ 11 of 1997, Navita Sharma v. Brij Bahadur Sharma, for maintenance at the rate of Rs. 2,000/- per month against her husband. Brij Bahadur Sharma filed his written statement and admitted that his marriage with Navita Sharma was solemnised on 15.9.1989 at the residence of her parents at Khatauli in District Muzaffar Nagar, but it was alleged that she came to live with him. She refused to maintain marital relations. Since she has passed M.A. B.Ed., LL.B. hence on one pretext or the other she was always irritated and ultimately she herself left his house and started to live with his father. It was also alleged that Brij Bahadur Sharma is a clerk in Civil Court, Ghaziabad.