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'"instant petition filed under Section 401 of the Code of

Criminal Procedure, 1973, (hereinafter referred to as <the Code=), the minor

petitioner has approached this Court through his mother and natural guardian,

Smt. Ritu Singh, seeking setting aside of impugned order dated 07.04.2021

passed in case No.214-2018 by the Principal Judge, Family Court, Sonepat,

whereby petition filed under Section 125 of the Code has been dismissed as

being not maintainable for want of territorial jurisdiction with liberty to the

petitioner to file the petition in the Court of proper jurisdiction as per law.

Another prayer has been made that in case, this Court comes to the conclusion

that the territorial jurisdiction is with the Courts at Ambala, where the minor

SHEETAL

2022.01.19 14:50

I attest to the accuracy and

integrity of this document

Chandigarh

petitioner is temporarily residing with his mother, then the petition be directed

to be sent to the competent Court of Ambala District.

Facts, in brief, leading to the filing of the present petition are that

Ritu Singh, mother of the minor petitioner was married to the respondent on

25.01.2015 at Sonepat and started residing with the respondent at his native

village in District Sonepat. The mother of the petitioner was harassed, treated

with cruelty and physically assaulted by the respondent and his family

relations, who were demanding a luxury car and Rs.20 lacs in dowry. She was

turned out of the matrimonial home in March, 2015 and was rehabilitated after

a sum of Rs.1 lac was given by her brother. Petitioner was born on 27.12.2015

at a maternity home at Sonepat, however, soon thereafter on 31.12.2015, the

minor petitioner and his mother were turned out of their home and all the

8streedhan9 and other articles of the mother of the petitioner were forcibly taken

by the respondent and his family members. Despite repeated attempts by the

relatives of the mother of the petitioner, she was not taken back by the

respondent and she submitted complaints before the police regarding the

harassment and misappropriation of dowry articles. Instant petition seeking

maintenance on behalf of the minor petitioner came to be instituted on

31.05.2018, Annexure P-1, claiming a monthly allowance of Rs.25,000/-;

besides, litigation expenses of Rs.11000/-. It has been averred that the

respondent is a Law Graduate, who is enrolled with a District Bar Association

and has substantial earning from property dealing business besides owning 06

acres of agricultural land. The petition was contested by the respondent by

filing a reply dated 15.07.2019, Annexure P-2, wherein the material allegations

regarding harassment and cruelty have been denied. It has been submitted that

the mother of the petitioner is working as a Primary Teacher with Kendriya

Vidayala and drawing a monthly salary of Rs.56,649/- and she is in a financial

SHEETAL

2022.01.19 14:50

I attest to the accuracy and

integrity of this document

Chandigarh

,

position to maintain the minor. Respondent has further submitted that he had

filed a petition on 17.11.2017 under Section 9 of the Hindu Marriage Act, 1955

for restitution of conjugal rights but instead of putting