DAWALSAB versus KHAJASAB

DAWALSAB versus KHAJASAB

The Family Court at Bijapur had jurisdiction to entertain the maintenance petition under Section 125 CrPC as Syndagi falls within Bijapur district; the previous orders denying jurisdiction were erroneous.

Parties
Appellant: Dawalsab; Respondent: Khajasab
Jurisdiction
India
Judgment Date
15 July 2009
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Revision Dismissal
Outcome
Appeal allowed
Legal Topics
Maintenance Under Section 125 Cr PC, Jurisdiction of Family Court
Family Law Criminal Law Maintenance Under Section 125 Cr PC Jurisdiction of Family Court

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Parties

Dawalsab

Appellant

Khajasab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Revision Dismissal

Legal Issues

  1. 1 Whether the Family Court at Bijapur had jurisdiction to entertain a petition for maintenance filed by father against son under Section 125 CrPC when the son worked at Syndagi, which falls within Bijapur district

Ratio Decidendi

The Family Court at Bijapur had jurisdiction to entertain the maintenance petition under Section 125 CrPC as Syndagi falls within Bijapur district; the previous orders denying jurisdiction were erroneous.

Court Disposition

Appeal allowed

Orders

  • Orders of Family Court and High Court are set aside
  • Matter remanded to Family Court at Bijapur for fresh consideration in accordance with law