S.125 CrPC | Courts Should Not Raise Objections Regarding Residential Proof Of Child/ Wife, Must Accept Duly Sworn Affidavits: Karnataka High Court
Jurisdictional aspect may be an exception to Section 125 CrPC.
The Karnataka High Court has held that family courts shall accept the affidavit by aggrieved parties (wife and children) indicating their place of residence away from matrimonial home and not raise issue of jurisdiction while hearing an application seeking maintenance from the husband under Section 125 of the Criminal Procedure Code. A single judge bench of Justice E.S.Indiresh,...
The Karnataka High Court has held that family courts shall accept the affidavit by aggrieved parties (wife and children) indicating their place of residence away from matrimonial home and not raise issue of jurisdiction while hearing an application seeking maintenance from the husband under Section 125 of the Criminal Procedure Code.
A single judge bench of Justice E.S.Indiresh, sitting at Dharwad, made the observation while allowing a petition filed by Sangeeta and her minor children and setting aside an order passed by the family court, raising an objection with regard to the maintainability of the petition on the ground that the address shown in the cause title and the documents produced by the petitioners do not tally.
The bench relied on the Supreme Court judgment in the case of Jagir Kaur & Anr. v. Jaswant Singh, AIR 1963 SC 1521 and said,
"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."
It added, "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."
Further the bench opined, "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."
Accordingly it held, "If the applicant/petitioner filed a 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."
It then allowed the petition and remanded the matter back to the family court for fresh consideration after providing opportunity to the petitioners to prove their residential status. In the event that such satisfactory proof is provided by the petitioners, the Family Court is requested to dispose of the petition at the earliest, within an outer limit of eight months.
Case Title: SANGEETA W/O BAPU LAMANI & Others v. BAPU S/O SOMAPPA LAMANI
Case No: REV.PET FAMILY COURT NO. 100043 OF 2020
Citation: 2022 LiveLaw (Kar) 273
Date of Order: 7TH DAY OF JULY, 2022
Appearance: Advocate PAVITRA N. KAVALI for petitioners