Sagar (Center Manager) 04 April 2019

Citations challenging crpc 125 on jurisdiction needed

Hello Good Samaritans!!!

I have been undergoing trauma of legal tangle and through this august forum, I solicit assistance from learned counsels here in this fourm. I have been facing CRPC 125 in the Family Court of Rajkot (Gujarat) and just attended first hearing in the case. In a rejoinder, we pleaded for lack of terittorial jurisdiction of Family Court of Rajkot under CRPC 126, as the applicant herself is doing job in Gandhinagar and Staying in Ahmedabad and the defendant is Staying in Gandhinagar and doing job in Ahmedabad. The last place from where the defendent deserted Applicant is also Gandhinagar. However, marriage was solemnised in Rajkot and before the marriage the applicant was resident of Rajkot. We submitted all documentary evidences about applicants job offer later, salary slip, RPAD acknowledment at the address of Ahmedabad along with our rejoinder and broght to attention of the court that the applicant has filed falsified affidavit and sole purpose of filling case in Rajkot is to harrass defendent. The court has given next hearing after a month.

I have hired advocat, however, as my advoate has studied entirely in Gujarati medium, there comes a language barrier where she is not able to find citations for this case. Hence, through the profound knowledge of law which is possesed by the learned counsels of this forum, I would like to know the citations wherein CRPC 125 is challenged on the basis of territorial jurisdiction under CRPC 126 and the same is considered admissible by the court of law.

Further, in case if court finds that the applicant has filed falsified affidavit ,what are the options available to me:

1) Do i have strong change to win in case I file under 13 A?

2) Shall I plead for perjury against the aplicant? (Though I would be hesitant in doing so, as I still want to settle matter amicably)

I have lots of evidence to prove that she has been cruel with me. However, I came to know that success ratio of divorce on the basis of cruely that too from male side is highly demotivating and even after grant of divorce, applicant still can claim for maintenance.

So, I would be highly obliged if my queries narrated hereinabove are addressed by the cousels of this forum.

Thanks.

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4 Replies

Nikita Parekh 04 April 2019

Dear Sagar can you share your email for further communication

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Sagar (Center Manager) 04 April 2019

I have PM you my email ID.

Vijay Raj Mahajan (Advocate) 04 April 2019

Rajkot is where her parents live and she had given that address. The term petitioner residing doesn't means long term residence it even can be short term residence and exactly this is what she has done in the case. Your objection about jurisdiction u/s 126 CrPC, will not stand in the trial Family Court and application may get dismissed.

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Sagar (Center Manager) 05 April 2019

I appreciate your opinion. I am neither practicing law not student of law. But I would like to present what I have interpreted by reading CRPC 126.

Sir, talking about territorial jurisdiction of CRPC 125, the CRPC 126(1) reads as-

Proceedings under section 125 may be taken against any person in any district-

(a) where he is, or

(b) where he or his wife, resides, or

Here the law doesn’t talk about where her parents are residing or what is her address in her Aadhar Card or Voter Card or where the marriage was solemnized. Here the law simple states that where “he or his wife is residing”. The sentence is in present tense. Two things are clear that that she is doing job in Gandhinagar and staying in Ahmedabad and I placed documentary evidence also. Now to do job in Gandhinagar, she has to “reside”, here comes the word “reside”, somewhere near to Gandhinagar so as to perform her duty and its simply not tenable that she is doing job of 8 hours/day in Gandhinagar and travelling distance of almost 10-12 hours between Gandhinagar & Rajkot on a daily basis.
For claiming maintenance, territorial jurisdiction has been solely left with word “Reside”, so as to give wider connotations and facilitate convenience of female to claim for maintenance from the place where she is residing presently, which is devoid of where she resided in past or where the marriage solemnized etc. Can’t court take cognizance of the facts that despite she residing in Ahmedabad doing job in Gandhinagar, how could be it convenient for her to file a case in Rajkot and not in Ahmedabad or Gandhinagar? It proves that she has malafied intention in harassing the defendant by filing the case in Rajkot. It shall also be noted that on the very first hearing itself, the petitioner herself was not present in the court.
Today she has filled a case in Rajkot, tomorrow she may file case in a court somewhere in Rajasthan also just by saying that on weekends she stays there. So there is difference between “stay” and “reside”. “Reside” is much more than “Stay” and is directly connected with convenience in the present time and court shall use prudence and its fine sense of judgment by unearthing the hidden motive behind filling of this case.
Sir, I am not challenging your profound knowledge. All I am trying is defending myself in one of the most difficult time of my life.

So, could please guide me what are the chances of me getting the case quashed in Rajkot by presenting arguments as narrated hereinabove in my defense?

I would be highly obliged to other members of this forum also, if they can provide there valuable inputs in my case.