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The Times of India
The Times of India
National
TNN

Not hearing maintenance plea over jurisdiction unfair: Dharwad bench of HC

BENGALURU: Section 125 of the CrPC is a social measure meant for providing immediate relief to the destitute wife and children and courts have to accept the address shown in the sworn affidavit filed along with the application seeking for maintenance, the Dharwad bench of the high court observed.

“If the applicant/petitioner filed a petition along with an affidavit disclosing their residential address in the duly sworn affidavit, that is sufficient to continue proceedings to provide immediate relief to the destitute wife/children. Raising objection at the initial stage, directing petitioners to provide a residential address with regard to the jurisdiction aspect, would defeat the legislative intention of section 125,” justice ES Indiresh said, while allowing a petition filed by Sangeeta Lamani and her three minor children.

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