RA] KUMARI VIJH versus DEV RAJ VIJH

RA] KUMARI VIJH versus DEV RAJ VIJH

Section 531 CrPC applies to cure a defect of territorial jurisdiction in a proceeding under Section 488 CrPC, so long as the magistrate is otherwise competent, the matter is heard and decided on merits with full opportunity for both sides to lead evidence, and no failure of justice is shown. The respondent, having chosen not to adduce evidence on merits despite the opportunity, cannot claim prejudice or failure of justice.

Parties
Appellant: Smt. Raj Kumari Vijh; Respondent: Dev Raj Vijh
Jurisdiction
India
Judgment Date
15 February 1977
Procedural Posture
Criminal Appeal / Appeal by Special Leave Against Dismissal of Maintenance Application by High Court
Outcome
Appeal allowed.
Legal Topics
Maintenance Under Section 488 Cr PC, Jurisdiction of Magistrate, Curative Provisions Under Section 531 Cr PC
Criminal Law Family Law Maintenance Under Section 488 Cr PC Jurisdiction of Magistrate Curative Provisions Under Section 531 Cr PC

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Parties

Smt. Raj Kumari Vijh

Appellant

Dev Raj Vijh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave Against Dismissal of Maintenance Application by High Court

Legal Issues

  1. 1 Whether Section 531 of the Code of Criminal Procedure, 1898, applies to cure territorial jurisdiction defect in proceedings under Section 488 CrPC when an objection as to jurisdiction is raised at the outset
  2. 2 Whether failure of justice occurred due to the respondent not leading evidence on merits

Ratio Decidendi

Section 531 CrPC applies to cure a defect of territorial jurisdiction in a proceeding under Section 488 CrPC, so long as the magistrate is otherwise competent, the matter is heard and decided on merits with full opportunity for both sides to lead evidence, and no failure of justice is shown. The respondent, having chosen not to adduce evidence on merits despite the opportunity, cannot claim prejudice or failure of justice.

Court Disposition

Appeal allowed.

Orders

  • Impugned order of the High Court dated March 14, 1974, is set aside.
  • Appellant is entitled to maintenance allowance as directed by the Magistrate.