VIJAY KUMAR PRASAD versus STATE OF BIHAR AND ORS.

VIJAY KUMAR PRASAD versus STATE OF BIHAR AND ORS.

A parent claiming maintenance must file the application where the person from whom maintenance is claimed lives; since the son practised and resided in Patna at the time of the petition, the Siwan court lacked jurisdiction, and the matter must be transferred to the Sessions Division of Patna.

Parties
Appellant: V.K. Prasad; Respondents: State of Bihar and Ors.
Jurisdiction
India
Judgment Date
07 April 2004
Procedural Posture
Criminal Appeal / Decision on Transfer and Jurisdiction
Outcome
appeal allowed
Legal Topics
Maintenance Under S.125 Cr PC, Jurisdiction Under S.126 Cr PC
Criminal Law Maintenance Under S.125 Cr PC Jurisdiction Under S.126 Cr PC

Case Brief

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Parties

V.K. Prasad

Appellant

State of Bihar and Ors.

Respondents

Procedural Posture

Criminal Appeal / Decision on Transfer and Jurisdiction

Legal Issues

  1. 1 Whether the Siwan court had jurisdiction to entertain the father's maintenance petition under s.125 CrPC when the son resided in Patna
  2. 2 Interpretation of 'is', 'resides', and 'last resided' in s.126(1)(a)-(c) CrPC for proceedings by parents

Ratio Decidendi

A parent claiming maintenance must file the application where the person from whom maintenance is claimed lives; since the son practised and resided in Patna at the time of the petition, the Siwan court lacked jurisdiction, and the matter must be transferred to the Sessions Division of Patna.

Court Disposition

appeal allowed

Orders

  • Case transferred to the Sessions Division of Patna.
  • Sessions Judge to place the matter before court of competent jurisdiction.