To summarize : Chapter XXXVI of the Code
of Criminal Procedure providing for maintenance of wives
and children intends to serve a social purpose. Section
488 prescribes alternative forums to enable a deserted
wife or a helpless child, legitimate or illegitimate, to get
urgent relief. Proceedings under the section can be taken
against the husband or the father, as the case may be, in
a place where he resides, permanently or temporarily, or
where he last resided in any district in India or where he
happens to be at the time the proceedings are initiated.
10. On perusal of the aforementioned finding
recorded by Hon’ble Supreme Court, since Section 125 of
Cr.P.C is a social measure providing immediate relief to
the destitute wife and children, prima-facie, accepting the
duly sworn affidavit by aggrieved parties (wife and
children) that they are residing away from the matrimonial
home and the address shown in the affidavit is to be
accepted. Indeed the Family Court ought to have accepted
the address provided in the petition supported by an
affidavit by the petitioners and should have issued notice
to the respondent. Raising objection with regard to
residential proof of the petitioners at that juncture itself
would defeat the very purpose of scope of Section 125 of
Cr.P.C. Undisputably, the affidavit is supported by an
application and the petition is preferred by the wife and
children seeking maintenance. It is also recorded by the
deponent in the said affidavit that they are residing
separately from the husband/father and therefore, I am of
the view that raising objection at the initial stage, directing
the petitioners to provide a residential address with regard
to the jurisdiction aspect, would defeat the entire
legislative intention of Section 125 of Cr.P.C. May be, the
jurisdictional aspect is required with regard to the
competency of the Court, however, such a requirement
may be an exception to the provisions under Section 125
of Cr.P.C. for the reasons mentioned above. If the
applicant/petitioner filed petition along with an affidavit
disclosing their residential address in the duly sworn
affidavit, that itself is sufficient to continue the
proceedings to provide immediate relief to the destitute
wife/children. {Para 12}
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
SANGEETA W/O BAPU LAMANI Vs BAPU S/O SOMAPPA LAMANI
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
DATED THIS THE 07TH DAY OF JULY, 2022
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