HONOURABLE SRI JUSTICE GOPALAKRISHNA TAMADA CRL.R.C.No.1853 of 2003 ORDER: This Criminal Revision Case is directed against the order passed in M.P.No.16 of 2003 in M.C.No.2 of 1999 dated 07.10.2003 on the file of the Family Court, Secunderabad. The petitioner herein, being the wife of the 1st respondent herein, filed the aforesaid M.C.No.2 of 1999 before the Judicial Magistrate of First Class, Kalwakurthy, Mahabubnagar District, claiming maintenance from the 1st respondent herein. The learned Magistrate, after an analysis of the entire material available on record, allowed the said M.C., by an order dated 27.01.2001, awarding maintenance at the rate of Rs.300/- per month to the petitioner-wife from the date of said order. The said order has become final. Subsequently, as the petitioner changed her place of residence from Rangapoor village, Mahabubnagar District to Secunderabad, and she was residing at House No.17-518, Indira Nehru Nagar, Tukaram Gate, Secunderabad, she filed the present M.P.No.16 of 2003 under Section 128 of Cr.P.C., before the Family Court at Secunderabad, for enforcement of the order passed in M.C.No.2 of 1999 dated 27.01.2001. However, the learned Judge, Family Court, Secunderabad, by an order dated 07.10.2003, dismissed the said petition on the ground of jurisdiction. Questioning the said order, the petitioner–wife preferred the present revision. Heard both sides and perused the impugned order. In my considered view, the learned Judge erred in holding that the petition cannot be maintained as the respondent is not residing within the jurisdiction of that Court. As per Section 128 of the Cr.P.C. an order of maintenance can be enforced by any Magistrate in any place irrespective of the fact where the respondent actually resides. Section 128 of Cr.P.C., which deals with enforcement of order of maintenance, reads as under: “A copy of the order of (maintenance or interim maintenance and expenses of proceeding, as the case may be,) shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to (whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be,) is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the (allowance, or as the case may be, expenses, due).” As per sub section (2) of Section 7 of the Family Courts Act, 1984, a Family Curt shall also have and exercise the jurisdiction exercisable by a Magistrate of the First Class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973. For all purposes, though the Family Court is presided over by a District Judge, while deciding the cases under Chapter IX of Cr.P.C., it is discharging the functions of a Judicial Magistrate of First Class. When once the said Judge, Family Court at Secunderabad is construed as a Judicial Magistrate of First Class, as provided for under Section 7 (2) of the Family Courts Act and in view of provisions of Section 128 of Cr.P.C., the order passed in M.C.No.2 of 1999 can be enforced by any Magistrate in any place where the person against whom it is made. Therefore, the Judge, Family Court at Secunderabad, is having jurisdiction to enforce the said order passed in M.C.No.2 of 1999 dated 27.01.2001 by the Judicial Magistrate of First Class, Kalwakurthy. The Criminal Revision Case is accordingly allowed and the impugned order is hereby set aside. The Judge, Family Court, Secunderabad is hereby directed to dispose of the M.P.No.16 of 2003 in M.C.No.2 of 1999 as expeditiously as possible. ____________________________ (GOPALA KRISHNA TAMADA, J) 30.09.2010 Gsn.