DEIPORMI DKHAR Vs. VANLALHRUAII ZADENG DKHAR

JUDGEMENT

(1.) The petitioner-husband has approached this Court under Article 227 of the Constitution of India read with High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014 praying for setting aside of the impugned order dated 30th May, 2019 passed by Magistrate First Class, Subordinate District Council Court, Shillong in M.C.R. Case No. 72 of 2018.

(2.) The respondent-wife filed an application for maintenance under Section 125 of the Code of Criminal Procedure (In short, CrPC) before the Judge, District Council Court, Shillong which was numbered as Misc. Case No. 72 of 2018 claiming monthly maintenance of Rs. 80,000/- for herself and three minor children as the husband was not providing maintenance to them. The Presiding Officer, Subordinate District Council Court, Shillong vide order dated 11th September, 2018 fixed an interim maintenance at Rs. 30,000/- per month payable to the wife and minor children which was to be deposited in the S/B Account of the respondent No. 10613606830 at SBI Malki Dhankheti Branch.

(3.) Petitioner filed an application questioning the jurisdiction of the District Council Court at Shillong to entertain the maintenance application as the wife belongs to Mizo tribe of State of Mizoram. The trial court holding that it did not have jurisdiction yet directed the petitioner-husband to pay the Interim maintenance which has necessitated the petitioner to approach this Court. Reliance was placed upon decision of the Gauhati High Court, (Shillong Bench) passed in State of Meghalaya v. Richard Lyngdoh 2006 (Suppl.) GLT 166 and the Supreme Court in Kyntiew Akor Suchiang v. Woston Hynniewta and Anr. (Criminal Appeal No. 804 of 2017 decided on 26-04-2017.)