ISTAFA HUSSAIN Vs. ASHIA BEGUM

JUDGEMENT

(1.) THIS revision has been filed against the order dated 10.03.2005 passed by Judicial Magistrate (Additional Civil Judge (J.D.) Court No. 2) Deoria in Criminal Application No. 682 of 2004 under Section 125 Cr.P.C., by which, application dated 29.10.2004 of opposite party of the case was rejected.

(2.) ONE Ashia Begum, W/o Istafa Hussain had filed the maintenance application under Section 125 Cr.P.C against her husband Istafa Hussain @ Acchhan R/o of district Ballia. Opposite party of the case Istafa Hussain had filed objection, in which, inter alia, it was written that applicant Ashia Begum resides in district Ballia. Opposite party of the case had also moved application dated 29.10.2004 challenging territorial jurisdiction of the court on the ground that applicant Ashia Begum is and has been resident in district Ballia and does not reside in district Deoria as mentioned in her application, therefore, this Court has not jurisdiction to hear the petition under Section 125 Cr.P.C. on behalf of wife applicant.

(3.) IN original case, applicant Ashia Begum had filed objection under which it was written that she resides with her cousin brother in Deoria, therefore, the court of district Deoria has jurisdiction of hearing the matter.