M SHOBHANA Vs. K SATYA PRABHU

JUDGEMENT

(1.) The petitioning wife in M.C. No. 47 of 2006 on the file of Additional Metropolitan Sessions Judge for the trial of JHCBBC-cum- Additional Family Court, Hyderabad is the petitioner in this revision petition. She filed maintenance case against her husband in the lower Court in the year 2006. After four years, the lower Court mercilessly dismissed her petition on the ground that Hyderabad Court has no jurisdiction and that Secunderabad Court is having jurisdiction. This is highly improper.

(2.) The lower Court failed to notice basic provision under Section 126(1) Cr.P.C. relating to procedure to be followed by a Court dealing with a maintenance case, be it a Magistrate or be it a Family Court.

(3.) Section 126(1) Cr.P.C. reads as follows: