TULSIRAM DEWAJI Vs. NARBADABAI

JUDGEMENT

(1.) NON-APPLICANT Narbadabai on 9-8-1855 filed an application in the Court of the magistrate, 1st Ciass, Jabalpur, under Section 428 of the Code of Criminal procedure claiming maintenance from her husband Tulsiram, the applicant, inter alia on the ground that they last resided together at Jabalpur in the house of her parents for the period 30-10-1954 to 20-12-1954 and that he had neglected and refused to maintain her as his legally married wife. On 17-10-1955 the applicant raised a preliminary objection to the maintainability of the application on the grounds that he was a resident of Wardha, that he never resided with the non-applicant at Jabalpur or at any place within the jurisdiction of the Court and that even on the averments contained in the petition of the non-applicant, it cannot be said that he last resided with the non-applicant at Jabalpur within the meaning of Section 488 (8) of the Code of Criminal Procedure. The objection was overruled by the trial Court and the Sessions Judge. Jabalpur, in revision maintained its order.

(2.) IT is now contended that on the averments contained in the petition for maintenance, it cannot be said to have been prima facie established that he resided with his wife at Jabalpur within the meaning of Section 488 (8) of the Code of Criminal Procedure to give jurisdiction to the Court at Jabalpur to enter in the application.

(3.) THE necessary averments so far as relevant for the purpose of this revision petition contained in the petition for maintenance are that she was married to the applicant at Nagpur on 18-5-1954, that thereafter from 23-5-1954 up to October 1954 she stayed with her husband in the house of her parents-in-law in mohalla ramnagar, Wardha, that during this period she was very cruelly treated by her husband and the reason for the aforesaid cruel treatment was that he had been coercing her to arrange from her parents a sum of Rs. 2000/- for being paid to the applicant, that on 30-10-1954 the applicant and the non-applicant came to Napier town, Jabalpur and started residing with her parents, that they continued to reside together at her parents' house at Jabalpur right up to 20-12-1954, that during this period he made visits to Katni, Agra and Dehradun for short durations and returned from those places to Jabalpur where he continued to reside with her till 20-12-1054, that thereafter he left her at Jabalpur and never came back to her nor took her to him from her parents' house.