ABDUL MALIK Vs. NASHIM AKHTAR

JUDGEMENT

(1.) THE orders dated 14. 6. 2007 and 6. 9. 2007 passed by the learned Family Court, Guwahati in Case No. FC (Crl)341/2006 have been impugned in the instant petition.

(2.) I have heard Mr. C. Goswami, learned counsel for the petitioner and Mr. D. K. Das, learned counsel for the respondent.

(3.) THE petitioner husband in his response, while resisting the claim for monthly maintenance took a preliminary objection with regard to the jurisdiction of the learned Court below contending that under Section 7 of the Family Courts Act, 1982 read with Section 126 of the Code, the application ought to have been filed in the Court of the learned Chief Judicial Magistrate, Mangaldoi, Darrang. The petitioner husband underlined that in view of the fact that the opposite party wife resides as contemplated in Section 126 of the Code at that place and not within the territorial limits of the Family Court at Guwahati, her application was not legally sustainable.