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1987 Supreme(Cal) 257

M.G.MUKHERJI
DIPAK BANERJEE – Appellant
Versus
SUDIPTA BANERJEE – Respondent


Advocates Appeared:
DIPAK PAUL, R.N.BHATTACHARYA, SUDHIR BOSE

M. G. MUKHERJI, J.


( 1 ) THIS is a revisional petition filed by the husband Dipak Banerjee, a B. E. in Mechanical Engineering from Calcutta and a M. S. from New York and a computer professional, who claims himself to be a citizen of United States America, with his domicile in the State of Colorado, having spent 10 years 10 months in different States there, impugning an order dt. June 22, 1985 passed by the learned Sub-Divisional Judicial Magistrate, Alipur, whereby the latter found the Court having jurisdiction to entertain and try a proceeding under S. 125 of the Cri P. C. brought by the petitioner's wife Smt. Sudipta Banerjee for maintenance of herself and their only minor daughter, Sangeeta. This proceeding for maintenance was filed on June 27, 1984. The learned Magistrate overruled the petitioner's preliminary objection questioning the jurisdiction of any Judicial Magistrate's Court in India "in an international sense" to try a claim for maintenance brought by his wife. The petitioner contends that his wife also retains the domicile of her husband and private international law brings in the conflict of laws supervening the field of operation of this proceeding.

( 2 ) UNFORTUNA





















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