Under Section 126 of the Criminal Procedure Code, the benefit of initiating proceedings at the place of residence is not extended to parents for maintenance petitions.

B. SUBHASHAN REDDY, J.

( 1 ) THE petitioner is the son and the 2nd respondent in his father. The 2nd respondent has instituted M. C. No. 15 of 1991 on the file of the XVII Metropolitan Magistrate, Hyderabad claiming maintenance against the petitioner. Criminal Misc. Petition No. 1589 of 1991 was filed by the petitioner herein seeking determination of the question of jurisdiction on the ground that the parties belong to Tenali and had last resided together at Tenali, and that the petitioner was employed in Employees State Insurance Corporation, Bombay and had been staying in Bombay ever since then. The contention of the petitioner that the plea as available to the wife to sue wherever she is, is not extended to the father. The learned counsel for the petitioner, Mr. M. S. N. Prasad takes me to the provisions of S. 126, Cr. P. C. in this regard. S. 126 (1), Cr. P. C. reads as follows :-"proceedings under section 125 may be taken against any person in any district - (a) where he is, or (b) where he or his wife resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child". The other sub-sections are not relevant for the purpose of this case.

( 2 ) AS rightly contended by Mr. M. S. N. Prasad, the only clause which is applicable for the 2nd respondent in the instant case is clause (a) of sub-section (1) of S. 126, Cr. P. C. The other clauses of sub-section (1) of S. 126 are relating to the respondent or wife or illegitimate child, as the case may be.

( 3 ) THE language of S. 126, Cr. P. C. is clear to the effect that the father cannot file a petition for maintenance at the place where he resides and that he has to file the petition where his sons stay. Under S. 125, Cr. P. C. , the benefit given to the wife and the children to initiate proceedings at the place where she/they reside/s is not given to the parents. The parents cannot be placed on the same footing as that of the wife and children for the purpose of S. 126, Cr. P. C. In the instant case, the petitioner stays at Bombay and as such the proceedings have to be initiated only at Bombay.

( 4 ) IN the above circumstances, the contention of the petitioner is upheld and the order passed by the lower Court is set aside holding that M. C. No. 15 of 1991 is not maintainable on the file of the Court of the XVII Metropolitan Magistrate, Hyderabad. This order does not preclude the 2nd respondent from initiating a petition for maintenance in the Court having jurisdiction at Bombay.

( 5 ) THE Criminal petition is allowed accordingly.

( 6 ) PETITION allowed.

Click Here to Read the rest of this document