1 CRI-WP-2856-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2856 OF 2011 Pramod Panduang Shelke ..Petitioner Vs Vinaya Pramod Shelke and anr. ..Respondents -- Mr.P.J.Thorat, for petitioner. Mr.Pradip Chitale, for respondent no.1. -- CORAM : R.G.KETKAR, J. DATE : 19 th OCTOBER, 2011 P.C.: By this petition, the petitioner challenges the order dated 11 th August, 2011 passed by the learned Judge of the Family Court No.4, Pune below exhibit 1 in P.E.No.285 of 2010. By that order, the Family Court came to the conclusion that it has jurisdiction to entertain and try the application made by the respondent under Section 125 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.) 2 CRI-WP-2856-11.odt 2] In support of this petition, Mr.P.J.Thorat, learned counsel for the petitioner invited my attention to Sections 3, 7 and 8 of the Family Courts Act, 1984 (for short “the Act”) as also notification dated 16 th February, 1989 whereunder, with effect from 27 th January, 1989, the Family Court at Pune comprising the area of Municipal Corporation of City of Pune, Cantonment areas of Pune and Khadki for the purpose of exercising jurisdiction and powers under the said Act was established. He submitted that the Family Court has jurisdiction to exercise the powers in respect of the area of Pune Municipal Corporation, Cantonment Areas of Pune and Khadki. As the petitioner herein is residing outside the above area, the Family Court will not have the jurisdiction to try the application under Section 125 of the Cr.P.C. He submitted that under Section 7(2)(a) of the Act, the Family Court shall have and exercise the jurisdiction exercisable by a Magistrate of the First Class under Chapter IX of Cr.P.C. However, under Section 8, where the Family Courts have been established for any area, no District Court or any subordinate Civil Court referred to in sub-Section (1) of Section 7 shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the 3 CRI-WP-2856-11.odt nature referred to in the explanation to that sub-section; as also, no Magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under Chapter IX of the Cr.P.C. He further submitted that under clause (c) of Section 8 of the Act, every suit or proceeding of the nature referred to in the explanation to sub-section (1) of Section 7 and every proceeding under Chapter IX of the Cr.P.C., which is pending immediately before the establishment of such Family Court before any District Court or Sub-ordinate Court referred to in that sub-section, or as the case may be, before any Magistrate shall stand transferred to such Family Court on the date on which it is established. He also invited my attention to Section 3 of the Act and submitted that having regard to notification dated 16 th February, 1989, the Family Court, Pune will have no jurisdiction to entertain and try the application made by the respondent under Section 125 of Cr.P.C. In support of this contention, he relied upon the judgment of the Apex Court in the case of Mst. Jagir Kaur and anr. vs. Jaswant Singh, AIR 1963 SC 1521 and in particular paragraph 8 thereof. 3] On the other hand, Mr.Pradip Chitale, learned counsel for the 4 CRI-WP-2856-11.odt respondent submitted that the respondent is residing in Hadapsar area of Pune, which is within the Municipal limits of Pune Municipal Corporation. Even accepting that the Family Court ,Pune is established in respect of the areas as set out in the above referred notification, the application made by the respondent under Section 125 of Cr.P.C. will lie before the Family Court, Pune and the Family Court, Pune will have jurisdiction to entertain and try the application. 4] It is not in dispute that in the application filed by the respondent under Section 125 of the Act, she has given address of Hadapsar, Pune. The said area falls within the Municipal limits of Pune Municipal Corporation. Even accepting the contention of the petitioner based on notification dated 16 th February, 1989 as also Sections 3 and 8 of the Act, since the respondent wife is residing within the Municipal limits of Pune Municipal Corporation, the Family Court at Pune will have jurisdiction to entertain and try the application. The Family Court held that having regard to Section 126 of Cr.P.C., since the petitioner – husband is residing in Pune District, it will have jurisdiction to entertain and try the application. The reason given by the Family Court may not be absolutely correct. 5 CRI-WP-2856-11.odt However, the conclusion arrived at by the Family Court, Pune cannot be faulted with. Having regard to the fact that the respondent – wife is residing at Hadapsar which is admittedly within the municipal limits of Pune Municipal Corporation, the Family Court, Pune will definitely have jurisdiction to entertain and try the application under Section 125 of the Cr.P.C. In the result, petition fails and the same is dismissed. [R.G.KETKAR, J.]