A wife can file a maintenance application under Section 125 Cr.P.C. in the district where she is residing, even if she was originally a resident of a different district.

JUDGMENT

Shampa Dutt (Paul), J. - The present revision has been preferred against an order dated 21.12.2018 passed by the Court of the learned Judicial Magistrate, 6th Court, Burdwan in connection with Misc. Case No. 415 of 2016 (Firdoushi Begam vs. Sk. Sirajuddin) rejecting the petitioner/husband's petition challenging the maintainability of the proceedings under Section 125 Cr.P.C. on the ground that the opposite party no. 2/wife being a resident of Kolkata cannot file an application out side the jurisdiction of Kolkata. The application herein has been filed before the Burdwan Court.

2. The petitioner's case is that he was married to the opposite party no. 2 herein. The said marriage took place on 03.12.2010 according to Muslim rites and customs. The said marriage took place at Village-Uttar Kumrakhali, P.S.-Sonarpur, District-Sourth 24 Parganas and duly registered in the office of the Muslim Marriage Registrar (MMR) of Village-Uttar Kumrakhali, P.S. - Sonarpur, District - Sourth 24 Parganas. In column no. 4 of the said marriage certificate, duly issued by the said marriage registrar, address of the opposite party no. 2, was recorded as Village-Badamtala, Brahmapur, P.O. - Brahmapur, P.S. Regent Park (at present Bansdroni), Kolkata. That in column no. 4 of the said marriage certificate it has been noted that the status of the bride as 'unmarried', though she was a divorcee and cannot be treated as unmarried. It was found that the said earlier marriage of the opposite party no. 2, herein, was dissolved after realizing an amount of Rs. 1,76,000/- (Rupees One Lack and Seventy Six Thousand) by entering into an agreement in writing between the opposite party no. 2, herein, and her said former husband.

3. That after the present marriage the petitioner led his conjugal life with the opposite party no. 2, herein, at Hyderabad in the State of Andhra Pradesh where the petitioner was engaged as a casual worker. After the marriage the opposite party no. 2, herein, used to pick up quarrel on trifle matters, expressing her dissatisfaction, as the petitioner, herein, is not upto her expectation. The petitioner always tried to lead his conjugal life peacefully but his entire attempt failed as the parent of the opposite party no. 2, herein, used to instigate the opposite party no. 2 against the petitioner. On 06.09.2013 and 16.08.2014 in absence of the petitioner, the opposite party no. 2, her father and brother with the help of some people of the locality at Hyderabad took away all the valuable articles from the house of the petitioner for which one written complaint was filed with the local police station at Hyderabad. The petitioner states that inspite of all these facts and circumstances the petitioner wants to live peacefully with his wife, and for that purpose he has filed one application for restitution of conjugal rights before the City Civil Court at Hyderabad in the State of Andhra Pradesh. That before filling the said application for restitution of conjugal rights the petitioner issued several notice, himself and through his learned Advocate, Muslim Marriage Registrar and Kazi requesting her to come back to live their conjugal life but on each and every occasion she refused to come back without any reasons.

4. That all on a sudden the petitioner received an application under Section 125 of the Code of Criminal Procedure being Misc. Case No. 415 of 2016 filed by the opposite party no. 2, against the petitioner praying for maintenance before the Court of the learned Judicial Magistrate, 6th Court at Burdwan. The petitioner contested the said application raising objection regarding maintainability of the said application. After contested hearing the learned Magistrate by an order dated 21.12.2018 was pleased to reject the said application filed by the petitioner on the ground of maintainability.

5. The petitioner states that the opposite party no. 2, herein, filed an application under Section 498A of the Code of Criminal Procedure against