ORAL ORDER

Order dated 09/12/2022 passed by the learned Family Court, Bharuch returning the application of the applicant with a permission to file before the Court having jurisdiction is sought to be challenged in this revision application.

2. Heard learned Advocates for the parties.

3. Learned Advocate Mr.Ansari for respondent invited attention of this Court to a decision of the Hon’ble Apex Court in case of Vijay Kumar Prasad vs. State of Bihar & Ors. ,(2004) 5 SCC 196 to submit that when the application under Section 125 of Cr.PC is filed for getting maintenance by the parents, it has to be filed before the Court having jurisdiction where the person who is obliged to give maintenance is residing. He would further submit that in the present case the son who is obliged to give maintenance to the parents however after the necessary order by the jurisdictional Court is living at Chhota Udepur and therefore if the petitioner is desirous to file such application under Section 125 of Cr.PC, it will be fore the the Court at Chhota Udepur and therefore the present application may be dismissed.

4. Having heard the learned Advocates for the parties and considering the observations made in paragraph 14 of the Vijay Kumar Prasad (supra) which is reproduced hereinunder, in the considered opinion of this Court, learned Family Court, Bharuch has not committed any error in returning back the file and no such error is said to have been committed by the learned Family Court.

“14. The basic distinction between Section 488 of the old Code and Section 126 of the Code is that Section 126 has essentially enlarged the venue of proceedings for maintenance so as to move the place where the wife e may be residing on the date of application. The change was thought necessary because of certain observations by the Law Commission, taking note of the fact that often deserted wives are compelled to live with their relatives far away from the place where the husband and wife lust resided together. As noted by this Court in several cases, proceedings under Section 125 of the Code are of civil nature. Unlike clauses (b) and (c) of Section 126(1) an application by the father or the mother claiming maintenance has to be filed where the person from whom maintenance is claimed fives.”

5. Thus, no reason to interfere with the finding of the learned Family Court in the impugned order is noticed. Accordingly, present revision application stands dismissed. However, if the petitioner files application after taking back from the learned Family Court, Bharuch before the Court having jurisdiction, the same shall be heard and considered in accordance with the law and own its own merits without being influenced by passing of this order.

(J. C. DOSHI,J)

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