SOU RAJASHREE VIJAY SALUNKE Vs. VIJAY DASHRATH SALUNKE

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) RULE . Rule is made returnable forthwith. Both the Counsel are heard. Mr. Kate waives service for the respondent.

(3.) MRS . Marne, learned Counsel appearing for the applicants, has pointed out that the 1st applicant and her children i.e. applicant Nos.2 and 3, who are minors, have been staying with her uncle since about December 2002 in Pune which is recorded in para-26 of the judgment. In this behalf, she relies upon a judgment of the Apex Court in the case of Darshan Kumari (Smt) Vs. Surinder Kumar reported in 1995 Supp (4) S.C.C. 137 wherein the Court has held that even temporary residence, if not casual, is sufficient to confer jurisdiction on Magistrate to decide the Application under Section 125 of the Code of Criminal Procedure.