Maintenance u/Section 125 of CrPC- Wife can Maintain Petition at any Place she is Residing

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January 24, 2019

Case name: Sachin Gupta v. Rachana Gupta

In the case, the Petitioner has challenged the Trial Court’s order, whereby petitioner’s application objecting Respondent wife’s claim for maintenance under section 125 of CrPC on the ground of territorial jurisdiction has been rejected. Here it would be relevant to mention that the Respondent had instituted application for maintenance in Delhi and the Petitioner opposed the same on the ground that in all proceedings except in these proceedings the Respondent has mentioned her residential address as Aligarh.

The Respondent on the other hand contended that though Aligarh is her parental home, she was residing in Delhi and had filed the petition in Delhi as she is living with her brother in Delhi.

The High Court of Delhi in dismissed the petition and made the following observations in the case:

In view of the facts of the case, the High Court of Delhi referred to Section 126 (1) of CrPC which stipulates that the proceedings under 125 CrPC may be filed in any district where the respondent resides or where his wife resides or where the respondent last resided with his wife, or as the case may be, with the mother of the illegitimate child.

In view of the facts of the instant case, the High Court of Delhi noted that keeping in view of the fact that the wife can maintain a petition at any place where she is residing and the fact that the respondent has placed on record copies of her Aadhar Card, Voter ID Card, which reflect the address of Delhi, the Trial Court did not commit any error in rejecting the application of the petitioner holding that the Trial Court has territorial jurisdiction.

The entire case can be accessed here.

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