N. D. VENKATESH, J.

( 1 ) GOPAL Narayana Pai who is the respondent herein is about 76 years. Petitioner Ananth Gopal Pai is his son.

( 2 ) GOPAL Narayana Pai filed an application in the Court of the J. M. F. C. Kumta, D. K. under S. 125 of the Criminal P. C. , 1973 for maintenance against Ananth Gopal Pai. Admittedly Gopal Narayana Pai resides in Kumpta Town and Ananth Gopal Pai has been residing at Bangalore.

( 3 ) AFTER notice to Ananth Gopal Pai he raised a preliminary objection therein stating that, that Court had no local jurisdiction to entertain that application and therefore it should be dismissed. The learned Magistrate having heard both sides on this aspect of the case by his order dt. 13-6-1983, has held, for the reasons stated by him that he has jurisdiction to entertain and proceed with the application.

( 4 ) COUNSEL for Ananth Gopal Pai taking me through the relevant provisions of the Code submitted that the finding of the trial Court on this question was not in accordance with law and therefore setting aside that order the application filed therein by Gopal Narayana Pai be dismissed.

( 5 ) UNDER S. 125 of the Code, a father, unable to maintain himself may file an appl

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