S AMARJIT SINGH Vs. PARKASH KOUR

JUDGEMENT

(1.) THE petitioner herein is the husband of the respondent. He is invoking the inherent jurisdiction vested under section 561 -A Cr.P.C, in this court for seeking quashment of the order dated 2.12.2003 which in fact is dated 17.11.2003 passed by the learned Judicial Magistrate City Judge, Jammu.

(2.) THE respondent -wife has filed an application under section 488 Cr.P.C, for claiming maintenance against the petitioner -husband on the allegation that she was married to the respondent on 25.5.1981 at village Abtal Ramgarh Tehsil Samba District Jammu and out of the wedlock two issues were born, one male and the other female. Female child is living with her husband. That her husband used to beat her every day and thus made her life miserable. She has been deserted by her husband who is staying away from her. The husband is a man of substance has an income of Rs. 20,000/ - per month. It is also alleged that during the subsistence of her marriage, her husband has conducted a second marriage and has been neglecting to maintain her. She has been granted Rs. 500/ - per month as maintenance by the Matrimonial court at Jammu, but the same is not sufficient for her survival, so she be granted maintenance from her husband. The petitioner herein who was husband before the court below took up the objection to the maintainability of the application, but the learned trial court has held the application maintainable hence this petition.

(3.) I have heard the learned Counsel for the parties and gone through the record of the case. Learned counsel for the petitioner firstly contends that the courts at Jammu do not have the jurisdiction to hear the application of the respondent -wife for the reason that petitioner resides in Tehsil Samba and same is the place where they had also last resided as husband and wife. According to him it is only the court at Samba which has jurisdiction to hear the application.