Jammu & Kashmir High Court
Vivek Malhotra vs Bharti Batra & Ors. on 9 March, 2018
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
561-A Cr.P.C No. 718/2017
MP No. 01/2017
Date of Order: 09.03.2018
_______________________________________________________________
Vivek Malhotra Vs. Bharti Batra & ors.
Coram:
Hon'ble Mr. Justice Janak Raj Kotwal, Judge.
Appearing Counsel:
For petitioner(s)/appellant(s) : Mr. Rohit Lega, Advocate.
For respondent(s) : Mr. Adarsh Sharma, Advocate.
______________________________________________________________ Heard learned counsel for the parties.
The petition under Section 488 Cr.P.C filed by respondents 1 & 2 against the petitioner in the Court of learned Forest Magistrate, Jammu is challenged on the ground of jurisdiction. Learned counsel for the petitioner contends that even though respondent No.2 was a resident of State of Jammu and Kashmir, she got married to a person hailing from Jamshedpur, herein petitioner and the marriage was solemnized outside the State of Jammu and Kashmir at Jamshedpur so no court in the State of Jammu and Kashmir has power to entertain the application against the petitioner under Section 488 Cr.P.C. Further contended that the only available remedy to the petitioner is to file an application under Section 125 of the Central Cr.P.C.
Jurisdiction of a Magistrate to hear an application under Section 488 Cr.P.C is not at all relatable to the place of marriage of the spouses nor is governed by the place of residence of the husband or the place where the husband last resided with his wife alone. A Magistrate, where wife alone resides, too has the jurisdiction to hear an application under Section 488 Cr.P.C. in terms of sub-section (8) thereof.
Legal position is, thus, clear too and this petition has no merit at all and is dismissed.
(Janak Raj Kotwal) Judge Jammu:
09.03.2018 Pawan Chopra 561-A Cr.P.C No. 718/2017 Page 1 of 1