MST BATULBAI Vs. S K WAZIR

JUDGEMENT

(1.) THE present revision application is filed by wife Smt. Batulbai challenging the order of the Judicial Magistrate, First Class, 3rd Court, Nagpur, rejecting her application for maintenance u/s 125 of the Code of Criminal Procedure.

(2.) SMT . Batulbai had applied for claiming maintenance under Section 125, Cr.P.C. from the resphndent S. K. Wazir who is her husband. According to the applicant they were married in 1971 at Loni in Amravati District. After the marriage both resided at Benoda in Amravati district from 1971 to 1978. Thereafter the applicant resided with her parents at village Loni after 1978. She alleged that she was given the ill -treatment by the respondent and therefore claimed separate residence from the respondent.

(3.) BEFORE the trial Court, the respondent made an application Exh. 8 challenging the jurisdiction of the court to entertain the proceedings. By that application the respondent contended that the applicant has falsely claimed her residence at Nagpur, where her brother is a Police constable and the proceedings have been initiated at Nagpur with an oblique motive to harass him. Smt Batulbi resisted the application by filing her say and submitted that the Nagpur Court has jurisdiction to entertain the application and to decide it. The learned Magistrate, however, allowed the application of the respondent at Exh. 8 and rejected the application of Smt. Batulbai in which she claimed maintenance.