A and B were married at Calcutta. They last resided together in Delhi. A came on transfer to Jaipur leaving B with her brother at Delhi. He neglected and refused to maintain B. At what places application of maintenance under Section 125 of the Code of Criminal Procedure can be filed? 

Question: A and B were married at Calcutta. They last resided together in Delhi. A came on transfer to Jaipur leaving B with her brother at Delhi. He neglected and refused to maintain B. At what places application of maintenance under Section 125 of the Code of Criminal Procedure can be filed?

Find the answer to the mains question only on Legal Bites. [A and B were married at Calcutta. They last resided together in Delhi. A came on transfer to Jaipur leaving B with her brother at Delhi. He neglected and refused to maintain B. At what places application of maintenance under Section 125 of the Code of Criminal Procedure can be filed?]

Answer

Section 126 of CrPC deals with “Procedure for maintenance”. This section states that-

Proceedings under section 125 may be taken against any person in any district-

(a) where he is, or

(b) where he or his wife resides, or

(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.

Sub-clause (2) of 125, CrPC states that all evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader.

Hence, in view of the above section 126(1), it can be said that the application of maintenance can be filed in Delhi or Jaipur. The wife can file the application in Delhi because they both last resided together in Delhi only.

She can also move an application for maintenance in Jaipur because her husband got transferred there. The place of solemnization of marriage is irrelevant, so far as filing an application for maintenance is concerned.

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