Courts Must Accept Duly Sworn Affidavits And Should Not Raise Objections Regarding Residential Proof of Child/ Wife: Karnataka High Court
The Karnataka High Court has held that family courts shall accept the affidavit by aggrieved parties indicating their place of residence away from the matrimonial home and not raise the issue of jurisdiction while hearing an application seeking maintenance from the husband under Section 125 of the Criminal Procedure Code. This was seen in the case of SANGEETA W/O BAPU LAMANI & Others v. BAPU S/O SOMAPPA LAMANI (REV.PET FAMILY COURT NO. 100043 OF 2020) and the judgment was presided over by the Coram of Justice E.S. Indiresh.
Facts of the case-
In the present case, a petition was filed by Sangeeta and her minor children in Crl. Misc. No.145/2020 on the file of the Family Court, Dharwad, challenging the order dated 05.11.2020 on the file of the Family Court, Dharwad declined to accept the petition on the ground of territorial jurisdiction.
Judgement-
The High Court had noted the Supreme Court judgment in the case of Jagir Kaur & Anr. v. Jaswant Singh 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 affidavit by aggrieved parties that they are residing away from the matrimonial home and the address shown in the affidavit is to be accepted.”
Finally, the bench said, “Objecting concerning residential proof of the petitioners at that juncture itself would defeat the very purpose of the scope of Section 125 of Cr.P.C.”
Further, the court allowed the petition and remanded the matter back to the family court for fresh consideration after providing an opportunity to the petitioners to prove their residential status. If such satisfactory proof is provided by the petitioners, the Family Court is requested to dispose of the petition at the earliest, within an outer limit of eight months.
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Judgement reviewed by Alaina Fatima.
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