s .:^>;?^ ^' >^7 "^^- :y ^£<^7^:-?s;:^3;&^ ^. Soma PETITIONER: RESPONDENT: HIGH COURT OF CHHATT1SGARH, BILASPUR Criminal Wlisc. Petition No.50 of 2006 Akhilesh Kumar Dubey, S/o Harihar Prasad Dubey, aged about 37 years, R/o Churikhurd, Tah. & Distt. Korbn (C.G.) Versys Smt. Seema Dubey, W/o Akhilesh Kumar Dubey, aged about 30 years, R/o Vivekanand Nagar, Ward No.36, Torwa Naka, Bilaspur (C.G.) {Miscellaneous petition under Section 482 of the Ccde of Criminal Procedure, 1973} Present: Mr. Vimlesh Bajpai, counsel for the petitioner. Sinale Bench: Hon'ble Mr. T.P. Sharma, J ORAL ORDER (14-4-2009) 1. This petition is for quashment of the order dated 29-7-2006 passed by the Additional Sessions Judge, Bemetara in Criminal Revision No.32/2004 affirming the order dated 9-12-2004 passed by the Judicial Magistrate First Class, Bemetara, in Misc. Criminal Case No.61/2004, whereby the Courts below have rejected the application for dismissal of the petition filed under Section 125 of the Cr.P.C. on behalf of the respondent on the ground ofjurisdictional error. 2. I have heard learned counsel for the petitioner a",d perused the order jmpugned. 3. Learned counsel for the petitioner submits thst the present respondent is not the resident of Tahsil Bemetara, she is resident of Bilaspur, therefore, the Court situated at Bemetara is not competent to try the application for maintenance filed on behalf of the respondent. 4. I have perused the copy of the petition and other documents. It reveals from the petition filed on behalf of the respondent before the Judicial Magistrate First Class, Bemetara that temporarily the respondent is residing at Viliage Tuma, Police Station Nandghat, Tahsil Bemetara, Distt. Durg and she has filed the petition for maintenance. In accordance with Section 126 of the Cr.P.C. proceedings under Section 125 may be taken against the husband where he resides, or where the wife resides, or where the husband lastly resided with his wife. The words 'wife resides' include her temporary residence. Therefore, the petition filed on behalf of wife within the territorial jurisdiction of the Court where she was temporarily residing is competent. Consequently, 1 do not find any substance in the petition, same is liable to be dismissed and it is hereby dismissed. No order as to costs. Sd/- T.P. Sharma Judge