RAMNATH SARDAR Vs. REKHARANI SARDAR

JUDGEMENT

(1.) THIS revisional application has been filed by Rama Nath Sardar, the petitioner before this Court who was the second party in the court below against the order passed under Section 488 of the Code of Criminal Procedure by the Police Magistrate at Sealdah, 24 -Parganas, upon an application filed by Rekha Rani Sardar who was the first party before him.

(2.) IN short, the allegation of the first party Rekha Rani Sardar, the wife of Rama Nalth Sardar, is that she was married to Rama Nath and in their wedlock two children were born. At first a female child died and thereafter a male child was born. He is of course alive. Rama Nath is a manufacturer of paper boxes. The allegation is that he spends a lot of money for his mistress. The further allegation is that Rama Nath assaults and ill treats Rekha Rani and due to the habitual illtreatment she had to take shelter in the house of her parents to get rid of the assaults. She was driven out by Ramanath from his house and she had to leave the place of the husband with the tiny daughter who was aged about 7 or 8 months. At that time she was also pregnant. The husband subsequently gave an undertaking in writing that he would treat his wife well and would also sever all connections with his mistress. Rama Nath, however, did not keep his word and he did not take his wife and child back to his own place. The story of the first party is that she has been compelled to maintain herself and the child by begging. In these circumstances, the wife prayed for an order upon the husband to pay a sum of Rs. 100/ - for her maintenance and Rs. 50/ - for the child. The husband, Ramnath filed a written objection to the petition. His defence was that the Police Magistrate at Sealdah had no jurisdiction to deal with the case, that he never neglected or assaulted or abused the wife, that he had no mistress as alleged that his income did not exceed Rs. 125/ - per month and that his wife instituted the case with false allegations at the instance of her mother, brother and other relations. Rama Nath has further stated in the objection that he wrote a letter under pressure that he was willing to take the petitioner to his place.

(3.) MR . Das Gupta appears on behalf of the petitioner Rama Nath and Mr. Sanyal for Rekha Rani, the Opposite Party, before this Court. The first point urged by Mr. Das Gupta is that in view of the provision of Section 488 of the Code of Criminal Procedure the Magistrate at Sealdah had no jurisdiction to deal with the case because the evidence shows that the parties lived together for the last time within the jurisdiction of a Magisrate at Alipbre, 24 -Parganas. The relevant portion of Section 488 of Criminal Procedure Code will appear in Sub -section (8) thereof which runs as follows: Proceedings under this section may be taken against any person in any district where he resides or is, or where he last resided with his wife, or, as the case may be, the mother of the illegitimate child. The above sub -section says that the wife -petitioner coming under Section 488 for maintenance may start proceedings for such maintenance against her husband or the father of the illegitimate child, as the case may be, in any district where he resides or where he is at the time of the institution of the proceedings or where he last resided with the petitioner. This provision clearly says and there is no ambiguity that the proceedings under Section 488, Criminal Procedure Code must be taken in the district in which the opposite party resides or is or last resided with the petitioner. Such proceedings cannot be started in any other district than the district referred to in Sub -section (81 of Section 488. In the instant case there is no denying the fact that the petitioner and the opposite party both lived together at Tapsia within the Tollygunge Police Station which falls under the jurisdiction of the Police Magistrate at Alipore in the Sadar Sub -Division in the District of 24 -Parganas. According to the evidence which cannot be disputed, Ramnath used to keep his wife at another house just across the road at Tapsia the said house is within Beniapukur P. S. which falls under the jurisdiction of the Police Magistrate at Sealdah, 24 -Parganas. According to the learned Magistrate when the husband kept his wife within the jurisdiction of the Sealdah court that amounted to residing together and as such he held technically that the parties resided within the jurisdiction of his court. The second branch of the decision of the learned Magistrate is that even if it is assumed that the parties did not last reside together within the jurisdiction of the Court, in view of Section 531 of the Criminal Procedure Code the proceedings taken up by him would not be illegal.