The word 'resides' in S.125 includes temporary residence, and the first respondent has just and sufficient grounds to refuse to go and stay with the revision petitioner at Gwalior.

1. The petitioner, a teacher in a Public School at Gwalior, seeks to revise an order passed by the Addl. Judicial Magistrate of the First Class, Ernakulam, awarding maintenance to his wife, first, respondent, at the rate of Rs. 150/- per mensem and to their minor daughter, the second respondent, at the rate of Rs. 90/- per mensem. The parties are Roman Catholics. The marriage between the petitioner and the first respondent were solemnized according to the religious rites at Lourdes Catholic Church at Trichur in the year 1967. After the marriage the petitioner took the first respondent to Gwalior and they were staying there together as husband and :wife for about 6 months. While so the first respondent became pregnant and she came to the house of her parents at Trichur along with a family Which was coming from Gwalior to Trichur. Shortly thereafter the first respondent gave birth to the second respondent. According to the first respondent, the petitioner was very cruel towards her and she was being ill-treated and manhandled at Gwalior. It is also the ease of the first respondent that the petitioner was leading an adulterous life keeping another woman by name Mariyamma Varghese as his mistress. Ever since the first respondent came to Trichur, except sending Rs. 75/- on two occasions, the petitioner has not sent any amount to the respondents towards their maintenance and he was neglecting them, as a result of which the respondents were finding it difficult to make both ends meet.

2. The revision petitioner resisted the prayer for maintenance on the grounds that the court at Ernakulam has no jurisdiction to entertain the petition, that he is prepared to maintain the respondents if they went and stayed with him at Gwalior, and that the first respondent has independent income to maintain herself.

3. Pw.1, the first respondent, pw. 2, her father, and pw. 3, a family friend and a distant relative residing at Chottanikkara, were examined and Exts. PI to P7 were marked in support of the application for maintenance.

4. C. Pw.1, an eighteen year old brother of the revision petitioner, has been examined and Ex. D1 to D4 marked in support of the contentions of, the petitioner.

5. Rejecting the contentions raised on behalf of the revision petitioner, the learned Magistrate found that she has jurisdiction to try the case, that the revision petitioner ill-treated the first respondent, that he was leading an adulterous life and that the first respondent has sufficient reason to refuse to go and live with him. It was also found that although the first respondent owned some properties which were given to her by her mother, she sold away the same in the year 1970, that she has no income of her own to maintain herself and her child and that the revision petitioner has sufficient means to maintain respondents 1 and 2. On these findings, the first respondent was awarded maintenance at the rate of Rs. 150/- and the second respondent Rs. 90/-per mensem. The amounts were ordered to be payable from the date of the petition.

6. This order was strongly assailed by the counsel appearing for the revision petitioner mainly on the following grounds:

(i) The court at Ernakulam has no jurisdiction to try the case in question.

(ii) The court below ought to have held that the revision petitioner made a bona fide offer to take back the respondents to Gwalior and maintain them.

7. I shall deal with the points raised by the counsel one by one. It was argued by the counsel that the residence of the first respondent at Chottanikkara with pw. 3 for a few days will not confer any jurisdiction on the Judicial Magistrate of the First Class, Ernakulam, to entertain her application and dispose of the same. No doubt, a casual or a flying -Visit to a place is not what is contemplated by 'residence' in S.126 of the Code of Criminal Procedure, 1973. It is something more than a brief visit of casual residence at a place for a temporary purpose. S.126 (1) Cr. P. C. reads:

"126