GANGA SHARAN VARSHNEY Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) This revision under S.397, Cr. P.C. involves a short legal point and has been finally heard at admission stage with agreement of the parties.

(2.) Revisionist Ganga Saran Varshney is resident of Hathras, Distt. Aligarh. Opp. Party No. 1 Smt. Shakuntala Devi is resident of District Etah. She filed application for maintenance under S.125, Cr. P.C. against revisionist in Etah Court, claiming herself to be step-mother of the revisionist. On behalf of the revisionist preliminary objection to jurisdiction of Etah Court was raised before the Magistrate concerned. Learned Magistrate placed reliance on S.126(1), Cr. P.C. and found that the mother can institute proceedings under S.125, Cr. P.C. only at the place where the son resides. Opp. Party Smt. Shakuntala Devi challenged the decision of the Magistrate in revision before the Sessions Judge, Etah, who held that the mother can institute proceedings under S.125, Cr. P.C. at the place of her residence also and so Etah Court has jurisdiction to hear the petition under S.125, Cr. P.C. Sessions Judge allowed the revision and remanded the case to Magistrate for disposal on merits.

(3.) Being aggrieved the revisionist has come to this Court.