ARTI AGARWAL Vs. AMIT GOENKA

JUDGEMENT

(1.) This revision proceeding is directed against the order dated 17.05.2011, passed by 1st Class Magistrate, East Khasi Hills, Shillong, in Maintenance case No. 13(T) 2010, dismissing the aforesaid proceeding on holding that the Magistrate at Shillong has no jurisdiction to try the proceeding under Section 125 CrPC since Smti Arti Agarwal, applicant therein, did not reside at any place over which said Magistrate could exercise its jurisdiction. Heard Mr. M.F. Quershi, learned counsel for the petitioner as well as Mr. S. Chakravarty, learned counsel for the respondent.

(2.) The brief facts necessary for disposal of present proceeding are that Smti Arti Agarwal was married by Shri Amit Goenka, at Guwahati on 2.05.2007 as per Hindu rights and customs. For convenience of discussion, Smti Arti Agarwal and Shri Amit Goenka would be referred to hereinafter as the petitioner and respondent respectively.

(3.) After the marriage, they started to live as husband and wife in her matrimonial house at Saptagram in the District of Dhubri in Assam. However, their marriage soon ran into rough weather as the husband of the petitioner Smti Arti Agarwal allegedly started torturing her both mentally and physically. Having found no other way out, she came to her parental house and thereafter started living in Shillong at a place which has been properly described in her application under Section 125 CrP.C.