ABDUL SALIM Vs. RABIYA PARVEEN

JUDGEMENT

(1.) Heard Mr. Mohammad Ateeque, learned Advocate for the applicant and Mr. A.V. Khare, learned Advocate for respondent. Admitted. Heard finally by consent of the parties.

(2.) The applicant is admittedly the husband of non-applicant Rabiya Parveen. The non-applicant has filed an Application before the Family Court for grant of maintenance u/s. 125 of the Cr.P.C. The applicant is the resident of village Deoli, Tah. Deoli, Dist. Wardha. The non-applicant Mrs. Rabiya Parveen's parents are resident of Amravati. During the course of pendency of the Application for grant of maintenance, the Family Court has granted interim maintenance to the non-applicant. Written statement has been filed by the applicant in response to the application filed by the non-applicant before the Family Court for grant of maintenance. In the said written statement, a preliminary objection is raised regarding jurisdiction of Nagpur Court to hear the application of the non-applicant.

(3.) Learned Advocate Mr. Ateeque for the applicant has submitted that the non-applicant has been staying at Amravati along with her parents and, therefore, she could have filed an application for maintenance either at Deoli or at Dhamangaon, Dist. Amravati, the Court having jurisdiction over the place of residence of parents of the non-applicant.