ANAND PRAKASH GUPTA Vs. CHIEF JUDICIAL MAGISTRATE

JUDGEMENT

(1.) Smt. Meena, respondent No. 4, alleging herself to be a legally wedded wife of the petitioner, filed a petition for maintenance under Section 125 Cr.P.C. in the Court of VII Addl. Chief Judicial Magistrate, Varanasi.

(2.) The husband, Anand Prakash Gupta, raised preliminary objections regarding the jurisdiction of the Courts at Varanasi to entertain that petition. It was alleged that case under Section 125 Cr.P.C. could be initiated either at the place the wife resides or at the place where she last resided with her husband. It was alleged that at the time when that application was moved she was residing in village Saidupur, Police Station Chakia, district Varanasi. Munsif Magistrate Chakia has been empowered to deal with the cases under Section 125 Cr.P.C. of Police Station Chakia under Section 11 of the Code of Criminal Procedure.

(3.) The learned Addl. Chief Judicial Magistrate before whom that petition was moved ordered that the Chief Judicial Magistrate may be moved for transfer of the case. The learned Chief Judicial Magistrate after going through the record and the affidavit filed by the parties observed that on that date she was residing in Mohalla Khajuri alongwith her Mausi within the jurisdiction of Varanasi Courts and, therefore, he ordered that the matter could be heard at Varanasi itself. It is that order of the Courts below which have been challenged in this writ petition.