S.125 CrPC | Courts Should Not Raise Objections Regarding Residential Proof Of Child/ Wife, Must Accept Duly Sworn Affidavits: Karnataka High Court
Live LawThe Karnataka High Court has held that family courts shall accept the affidavit by aggrieved parties indicating their place of residence away from matrimonial home and not raise issue of jurisdiction while hearing an application seeking maintenance from the husband under Section 125 of the Criminal Procedure Code. A single judge bench of Justice E.S.Indiresh, sitting at Dharwad, made the observation while allowing a petition filed by Sangeeta and her minor children and setting aside an order passed by the family court, raising an objection with regard to the maintainability of the petition on the ground that the address shown in the cause title and the documents produced by the petitioners do not tally. v. Jaswant Singh, AIR 1963 SC 1521 and said, "Since Section 125 of Cr.P.C is a social measure providing immediate relief to the destitute wife and children, prima-facie, accepting the duly sworn affidavit by aggrieved parties that they are residing away from the matrimonial home and the address shown in the affidavit is to be accepted. Indeed the Family Court ought to have accepted the address provided in the petition supported by an affidavit by the petitioners and should have issued notice to the respondent."