The central legal point established in the judgment is the interpretation of the term 'resides' in Section 126(1)(b) of the Code, emphasizing the entitlement of a wife to initiate or continue a proceeding under Section 125 of the Code at a place where she resides, even temporarily.

JUDGMENT :

Jay Sengupta, J.

1. This is an application challenging an order dated 15.02.2019 passed by the learned Judicial Magistrate, 3rd Court, Purba Bardhaman in Misc. Case No. 175 of 2018, thereby rejecting the prayer of the petitioner for dismissal of an application under Section 125 of the Code on the ground of lack of jurisdiction and also seeking transfer of the proceeding from the learned Trial Court to a learned Court of competent jurisdiction at Bolpur, Birbhum.

2. The marriage between petitioner/husband and the opposite party/wife took place on 12.03.2017. Thereafter, disputes arose between them.

3. The petitioner filed an application under Section 12 of the Hindu Marriage Act, 1955, being MAT Suit No. 55 of 2018, before the learned District Judge, Birbhum at Suri praying for a decree of nullity of marriage. The opposite party filed a revisional application praying for transfer of the suit to the Court of the learned District Judge at Purba Bardhaman. On 20.06.2018 this Court disposed of the application by transferring the matrimonial proceeding from the Court at Suri, Birbhum to the Court at Bolpur, Birbhum.

4. On 04.06.2018 the opposite party filed an application under Section 125 of the Code being Misc. Case No. 175 of 2018 presently pending before the learned Judicial Magistrate, 3rd Court, Purba Bardhaman. The petitioner filed an application before the learned Magistrate praying for dismissal of the case on the ground of lack of territorial jurisdiction. But, the same was dismissed by the impugned order.

5. Mr. Tapas Kr. Ghosh, learned counsel appearing on behalf of the petitioner, submitted as follows. The opposite party/wife actually stayed at Bolpur, Birbhum. This was what she had stated clearly in her application under Section 125 of the Code. That was also the place where her father resided. However, giving the address of her brother-in-law, she sought to have a proceeding under Section 125 of the Code initiated at Purba Bardhaman. In fact, a matrimonial suit that was filed by the petitioner/husband at Suri, Birbhum was transferred to Bolpur, Birbhum by an order of this Court. In the said civil revision, this Hon’ble Court refused to accede to the prayer of the present opposite party and after taking into consideration the submissions of the respective parties, was pleased to transfer the case to Bolpur, Birbhum. There was no reason for which the present proceeding under Section 125 of the Code should be taken up at a different place.

6. Mr. Uday Sankar Chattopadhyay, Learned Counsel appearing on behalf of the opposite party/wife, submitted as follows. Although it was stated in the application under Section 125 of the Code that after being deserted by her husband, the wife took refuge at her father’s place at Bolpur, it was also quite categorically mentioned, both in the cause title as also in the affidavit, that the temporary residence ‘hal sakin’ of the petitioner/wife was at Paschim Bardhaman. In fact, after being deserted by her husband, the petitioner was unable to meet both ends at her paternal home. That is why, she had to be put up at her brother-in-law’s place at Paschim Bardhaman. The jurisdiction for a proceeding under Section 125 of the Code was not exactly similar to that of a matrimonial suit between a couple. Section 126 (1) of the Code used the expressions ‘is’ and ‘resides’. Therefore, if the wife at present stayed, even temporarily, at a particular place, she would be entitled to initiate a proceeding under Section 125 of the Code or to continue the same at such place. On this reliance was placed on a decision of the Hon’ble Apex Court in Vijay Kumar Prasad Versus State of Bihar and others (2004) 5 SCC 196 and on a decision of the Hon’ble Madras High Court in K. Mohan Versus Balakanta Lakshmi, 1983 CrlJ 1316. The decision of this Hon’ble Court passed on 20.06.2018 in CO 1175/2018 was arrived at “without going into the controversy between the parties”. There was no finding whatsoever on what was