Legal Question in Family Law in India

kindly clarify the following:

my wife was resodomg at Place A

marriage was held at Place B in 1995

i am residing at place A

my wife left me during mar 1997

now she has filed a petition u/s 125 at place D for maintaince .

my question whether case is will hold on( neither it is her place of residence or the marriage was held or place of husband.

pl clarify.


Asked on 1/08/10, 9:43 am

2 Answers from Attorneys
Tapan Kumar Jha

According to Section 126 of the CrPC a petition for maintenance u/s 125 may be taken in any district -

a. where husband resides;

b. where either husband or wife resides;

c. where both last resided together.

So, She could not file a petition at place D if you don't fall within the abovementined categories.

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Answered on 1/09/10, 1:15 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as per law, her place of residence will hold good as per Sec. 126(b).

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Answered on 1/11/10, 10:59 pm


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