IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD. WEDNESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Revision Case No.1141 of 2009 Between: Smt.R.Jyothsana @ Rani and another …Petitioners A n d State of A.P. Rep. By the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Revision Case No.1141 of 2009 JUDGMENT: This revision is directed against the order dated 15.12.2008 in MC No.97 of 2007 on the file of the Additional Judge, Family Court, Hyderabad, wherein the said MC filed by the petitioners herein claiming maintenance of Rs.10,000/- each was returned for presentation before proper Court. 2. Heard both sides. Perused the record. 3. The first petitioner is the wife, 2nd petitioner is the son of 2nd respondent. The petitioner herein filed MC No.97 of 2007 claiming maintenance of Rs.10,000/- each per month. The 2nd respondent filed counter opposing the claim. But, however, admitting the marriage with first petitioner and birth of 2nd petitioner to them. The petitioners are presently stated to be residing in Central Excise Colony, Bagh Amberpet, Hyderabad. They filed petition before the learned Additional Judge, Family Court, Hyderabad. The trial also commenced and the first petitioner was examined as PW.1 and Exs.P.1 and P.2 were marked. The respondent examined himself as RW.1 and marked Exs.R.1 to 9 on his behalf. Arguments on both sides were heard by the trial Court. 4. During the course of arguments, respondent contended that the petitioners are residing at Ramanthapur, which is in Ranga Reddy district and no part of cause of action arose within the jurisdiction of Family Court, Hyderabad. The petitioners on the other hand contend that they are residing at Bagh Amberpet, situated in Hyderabad and therefore, the trial Court has got jurisdiction. Admittedly, respondent is a resident of Wanaparthy in Mahabubnagar district and the marriage was performed at Srisailam and subsequently, the first petitioner resided with the respondent at Wanaparthy and Clause (a) of Section 126(1) Cr.P.C. is therefore not attracted. However under clause (b), the petitioners can maintain the application under Section 125 Cr.P.C. in any district where the petitioner residing. 5. In the petition, the petitioner described her residence as 2-2-647/222, Central Excise Colony, Baghamberpet, Hyderabad. The learned Judge, Family Court gave a finding that the first petitioner has failed to establish that she is residing at Baghamberpet by adducing necessary evidence and on the other hand, summons Ex.R.8 issued against the first petitioner herein in the petition filed by the respondent for divorce under Section 13 of the Hindu Marriage Act were served at her address at Ramanthapur and the said petition for divorce was filed before the II Additional Senior Civil Judge, Ranga Reddy district. In the said OP, the address of the petitioners herein is noted as at Krishnanagar in Ramanthapur and the same was duly served on her. Admittedly, Ramanthapur falls within the jurisdiction of Ranga Reddy district. Therefore, the trial Court was not inclined to accept the self- serving testimony of PW.1 that she is resident of Bagh Amberpet, in the absence of any supporting evidence that there is change in the address. Accordingly, the trial Court directed return of the petition for presentation before proper Court. The impugned order of the learned Judge, Family Court, Hyderabad, does not call for any interference as there was no illegality or material irregularity so as to warrant interference by this Court in exercise of the revisional jurisdiction. The petition is therefore directed to be presented before the proper Court having jurisdiction in the Ranga Reddy district and on such presentation, the learned Judge, having jurisdiction shall proceed further in the matter in accordance with law, as the case has already reached the stage of arguments. 6. In the result, criminal revision case is dismissed. _______________________ G.V.SEETHAPATHY, J Date: 05.08.2009 bss