LAWS(BOM)-1998-9-64

UDAY APPASAHEB SHINDE Vs. ASHA UDAY SHINDE

Decided On September 18, 1998
UDAY APPASAHEB SHINDE Appellant
V/S
ASHA UDAY SHINDE Respondents

JUDGEMENT

(1.) THE short question that has been posed in this petition is as to whether a Magistrate can postpone the decision on an issue which was raised as a preliminary issue touching a dispute regarding the jurisdiction of the Magistrate and take upon the task of deciding the case on merits. THE short facts that emerge from the writ petition is that the Respondent no. 1 had filed an application for maintenance under sec. 125 of Cr. P. C. against the petitioner. According to the petitioner, he married the respondent no. 1 on 16th May 1989 at Sangli. After living together for sometime she left for Diwali in the year 1989 and thereafter she did not return. Her parents were staying at Ratnagiri. While the first respondent was staying with her sister at Shivaji Peth. Kolhapur. She made the present application before the Chief Judicial Magistrate. Kolhapur being Misc. Criminal Application No.316/90. THE petitioner raised a preliminary objection before the Magistrate that the Magistrate has no jurisdiction to deal with the matter u/sec. 120 of Cr. P. C. THE Magistrate instead of deciding this issue as a preliminary one, postponed the issue and tried to proceed with the matter. Against this action of the Magistrate, the petitioner filed a revision Application before the Additional Sessions Judge, Kolhapur as CRA No.278/90. THE revisional court taking a too technical stand dismissed the revision and maintained the order under revision.

(2.) I heard the counsel for the petitioner Shri Subhash Desai holding for Shri Shirish Gupte. Nobody was representing for Respondent no. 1. The State, the respondent no. 2 was represented by Ms. Kantharia APP.