MP High Court Rules on Maintenance Claim Jurisdiction Under Section 125 CrPC
The Madhya Pradesh High Court, Gwalior Bench, led by Justice G.S. Ahluwalia, recently clarified that the term “resides” under Section 126 CrPC refers to a permanent residence, not a place visited briefly.
In this case, the respondent (wife) filed for maintenance under Section 125 CrPC at the Family Court in Gwalior, seeking support for herself and their minor daughter. The petitioner (husband) argued that since the wife and daughter lived in Delhi, the case should not be in Gwalior. He highlighted that they were married in Bhopal and lived there before separating. He claimed the wife only mentioned her parents’ address in Gwalior to establish jurisdiction.
The husband pointed out that the wife had cited her Delhi address in other legal documents, indicating she lived and worked there. In response, the wife argued she moved to her parental home in Gwalior after being deserted by her husband and only worked in Delhi. She asserted that her permanent address was in Gwalior, thus giving the Gwalior court jurisdiction.
The family court initially sided with the wife, stating her parental home in Gwalior provided jurisdiction. However, the High Court referenced a decision by the Madras High Court in K. Mohan v. Balakanta Lakshmi, which clarified that casual stays do not constitute residence. The High Court observed that the wife admitted to living in Delhi, misinterpreting the term “resides” under Section 126 CrPC.
The High Court allowed the husband’s revision petition, ruling that the Family Court in Gwalior lacked jurisdiction to entertain the wife’s maintenance claim. The court emphasized that claims must be filed where the parties permanently reside, not where they make brief visits.
This ruling highlights the importance of proper jurisdiction in legal proceedings and clarifies the interpretation of residence under Section 125 CrPC.
Case Title: Alok Lodhi & Ors. Vs. State of MP & Anr.
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