Law: Criminal Procedure Code (V of 1898)

Section: S. 488

Criminal Procedure Code (V of 1898), S. 488-"Resides" or "is"-Refer to place of permanent residence and also place of temporary residence-Courts at places of temporary or permanent residence of husband have jurisdiction to entertain application-- Person residing at place other than his permanent residence due to exigencies of service-Presumed to have animus revertendi to place of his permanent residence. REPORT OF THE DISTRICT MAGISTRATE   The facts of this case are as follows: -   Mst. Balqis, Begum w/o Manzoor Hussain applied for maintenance under- section 488, Cr. h. C. Manzoor Hussain whet summoned took up the plea that as he was resident of Mangla (Azad Kashmir] therefore Courts at Jhelum had no jurisdiction. The lower Court rejected this objection vide order dated l.-4-1961 (copy enclosed). The proceedings are forwarder for revision on the grounds: -   That the findings of the lower Court are illegal because is established thatManzoor Hussain has been living at Mangla (A. Ice.) for the last 6 or 7 years. It is also undisputed that Mst. Balqis Begum remained with him at Mangla (A. K.) for long time and desertion took place at Mangla, therefore, Courts at Jhelum has no jurisdiction as Mangla is beyond the territorial jurisdiction of the Court at Jhelum,   That the order of the lower Court is illegal - and' without jurisdiction therefore it liable to be set aside.   Record of the case alongwith a copy of order in question is submitted withthe request that the order of the lower- Court may kindly be set aside.   JUDGMENT   Mst. Balqis Begum filed an application for maintenance under section 488, Cr. P. C. against her husband Manzoor Hussain in the Court of the Magistrate 1st Class, Jhelum. The respondent raised a contention that as he was posted at Mangla Dam and had been living there for the last six or seven years along with his wife, the Courts at Jhelum had no jurisdiction to entertain the application. This contention of the respondent was turned down by the trial Court, but the learned District Magistrate has forwarded the case to this Court for the order being quashed on the ground that the…