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SAURABH SHYAM SHAMSHERY
Majid Khan – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(Saurabh Shyam Shamshery, J.)
1. The Court proceed to decide present case, i.e., an objection with regard to jurisdiction of an application filed under Section 125 Cr.P.C., in the background that Supreme Court in a judgment passed about four and half decades ago, has observed that provisions of Section 125 Cr.P.C. is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of Article 15(3) reinforced by Article 39 of the Constitution. (See, Captain Ramesh Chander Kaushal vs. Mrs. Veena Kuashal and others, AIR 1978 SC 1807).
2. Above observation has been followed in Smt. Dukhtar Jahan vs. Mohammed Farooq (1978)1 SCC 624; Vimla (K.) vs. Veeraswamy (K.) (1991)2 SCC 375; Kirtikant D. Vadodaria vs. State of Gujarat and another (1996)4 SCC 479; Chaturbhuj vs. Sita Bai (2008)2 SCC 316 and Bhuwan Mohan Singh vs. Meena and others (2015)6 SCC 353.
3. In the present case, Opposite Party No. 2, i.e., complainant, has filed an application under Section 125 Cr.P.C. on 30.07.2021 declaring herself to be resident of District Bareilly.
4. In aforesaid case applicant appeared and filed an objection that complaint is resident of D
The court affirmed that the provisions of Section 125 Cr.P.C. are welfare-oriented, allowing jurisdiction based on the complainant's permanent residence despite temporary stays elsewhere.
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 proce....
The main legal point established in the judgment is the importance of ensuring that the wife and/or child of the husband are not left to destitution and vagrancy if they do not have the means to main....
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.
The Protection of Women from Domestic Violence Act applies to foreign citizens, affirming their right to seek protection under Indian law.
(1) Inherent Jurisdiction – To secure ends of justice is much more than to decide case on legal points.(2) Domestic violence – Petition under DV Act can be filed in a court where person aggrieved per....
The jurisdiction in domestic violence cases should prioritize the victim's temporary residence as per the provisions of the Domestic Violence Act, ensuring timely and effective relief.
The key legal principle established in the judgment is the application of Section 27 of the D.V. Act in determining jurisdiction, emphasizing the importance of the permanent or temporary residence of....
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