TUKARAM Vs. SAU VAISHALI

JUDGEMENT

(1.) Heard learned Counsel Mr. Muhammed Ateeque for the applicant and learned Counsel Mr. P.H. Khobragade for the non-applicant. Admit. Heard finally by consent of learned Counsel for the parties.

(2.) The applicant has taken exception to the judgment and order passed by the learned Principal Judge, Family Court, Nagpur in Petition No. E-259/2008 on 13th July, 2011. The Family Court, by the impugned judgment and order, had directed the applicant to pay a sum of Rs. 800/- per month to non-applicant No. 1 and a sum of Rs. 700/- per month to non-applicant No. 2 by way of maintenance. Non-applicant Nos. 1 and 2 are wife and son respectively of the applicant.

(3.) An application under Section 125 of the Criminal Procedure Code was filed by the non-applicants before the Family Court. Evidence of the non-applicants was recorded and the application was posted for recording of evidence of the applicant. It appears from the roznama that the applicant did not adduce any evidence and therefore, the application was posted for judgment. On 5th July, 2011 learned Counsel for both the parties were present before the Family Court when the case was closed for judgment. It appears from the record that the applicant had challenged the jurisdiction of the Family Court at Nagpur to entertain the application of the non-applicants for grant of maintenance. In support of his contention that the Family Court would not have jurisdiction in the matrimonial dispute between the applicant and the non-applicants, the applicant had produced a xerox copy of the Notification issued by the Law and Judiciary Department, Mantralaya, Mumbai on 13th February, 1996 vide Exh. 50. According to said Notification, territorial jurisdiction of the Family Court, Nagpur extended upto (i) the area comprising the Municipal Corporation of the City of Nagpur and (ii) the area under the jurisdiction of the Kamptee Cantonment Board.