Raja_498a Victim (Manager) 25 July 2017

Need help in crpc 125

Hi All,

Need help in My cousin's case.

His wife filed DVC in the month of March 2017 in MM court, Hyderabad stating she resides in grand father house.

DVC is now pending in MM court.

In the month of April 2017 she filed Crpc 125 in Bidar, Karnataka stating she resides in Bidar with her uncle.

My questions are

1) Can Crpc 125 maintainable under juridiction basis?

2) She mentioned DVC address as hyderbad and asking maintenance and now in Crpc 125 asking maintenance stating she is in Bidar

Can my cousin ask for quash in Bidar crpc 125 stating DVC address in hyderabad and crpc address in Bidar.

She filed two cases in a span of 1 month.

Please advise.

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4 Replies

Ms. Usha Hegde (CEO) 25 July 2017

It is Hyderabad Karnataka, it is maintainable. Bidar being part of Hyderabad Karnataka!

Leave alone jurisdiction.

DIvorced wife can ask for permanent maintenance under 125 crpc. Husband is bound to pay. Or go to jail.

Arjun Kohli 25 July 2017

This can indeed be brought before the attention of the relevant courts as the time span is not very long. Although to be maintainable, the court must have jurisdiction over the matter which is assessed by the catergory of place of residence of the husband and wife u/s 126 CrPC. One can highlight this on other grounds for transfer/quashing, in my opinion.