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2023 Supreme(Del) 2176

POONAM A. BAMBA
Ela Chahar (nauhwar) – Appellant
Versus
Kapil Nauhwar – Respondent


Advocates appeared:
Mr. Mukesh Rana and Ms. Mamta, Advocates, for the Petitioner.
Mr Pradyumna Singh, Advocate, for the Respondent along with respondent.

JUDGMENT

Poonam A. Bamba, J.

1.0. Vide this petition, the petitioner has assailed the order dated 06.08.2020 ('impugned order' in short) of learned Principal Judge, Family Courts, Karkardooma Courts (East District), Delhi, dismissing the petitioner's petition under Section 125 of Code of Criminal Procedure, 1973 ('Cr.P.C' in short) for lack of territorial jurisdiction.

2.0. Ld. Counsel for the petitioner argued that the petitioner can choose the forum for filing petition under Sectiion 125 Cr.P.C, in terms of Section 126 (1) Cr.P.C and placed reliance on the judgment of this Court in 'Shikhar Goel vs. Robina Kaushik and Another', 2021 SCC Online Del 4989: He further submitted that the proceedings under Section 125 Cr.P.C may be initiated against any person in any district where 'He/(husband) is' and is not confined only to the 'residence' of the husband and rather includes the place where the husband works for gain or even where he is available, even temporarily. In support, reference was made to the judgment of the Hon'ble Supreme Court in 'Jagir Kaur vs. Jaswant Singh, AIR 1963 SC 1521' and the order dated 17.12.2021 of this Court in Crl. Rev. P. 614/2018 titled as 'Asha Devi & Or

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