BICHITRA SINGH Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) This is an application under section 482, Cr. P. C. directed against the order of Additional Sessions Judge No. 1 Hanumangarh, dated 15-4-1978 passed in criminal revision No. 36 of 1976 Bichitra Singh Vs. Prasan Kaur , whereby the order of tit Judicial Magistrate, First Class, Hanumangarh, dated 20.8.1976 in an applicant under section 488, Cr. P. C. (old) fixing the amount of maintenance to the tune of Rs. 250.00 p. m., with effect from 23-8-1972, was affirmed.

(2.) The relevant material facts are that the non-petitioner Mst. Prasan Kaur was married to the petitioner on 7/7/1952 at Mauja Saranwali and after the marriage, they lived as husband and wife at Faridkot and Sangrur. After sometime of the marriage their relations did not remain happy and estrangement started and the applicant Prasan Kaur accused the non-applicant of misbehaviour and a petition under section 9 of the Hindu Marriage Act was also instituted by the applicant. As a result of reconcilement, the same was withdrawn. After the decision in that case, they continued to live for about six months, but again the non-petitioner started beating and misbehaving the applicant during the period 1971 to June 1972 and 15th June, 1972, she was turned out from the house. Thereafter she started living with her parents at Mauja Masani. The non-applicant neglected her and did not provide any maintenance to her. It was alleged that non-applicant is a Senior Teacher in Government Higher Secondary School having sufficient salary and besides he has also got income from rent and agriculture. It was alleged that the non-applicant is having income of Rs. 20,000.00 per annum. In para 8 of the application it was I alleged that the applicant lives at Mauja Masani, Tehsil TB so the Sub-Divisional Magistrate, Hanumangarh, has got jurisdiction. The applicant prayed for a sum of Rs. 250.00 p. m. maintenance.

(3.) On behalf of the non-applicant, an application raising objection as to jurisdiction was submitted and it was alleged that the court has no jurisdiction to hear the application, as the non-applicant does not reside within the jurisdiction of the court nor he ever resided within its jurisdiction. He is a permanent resident of Punjab.