Magistrate obliged to believe Affidavit of Wife qua her Place of Residence, Read HC Order

The Karnataka High Court has ruled that Family Courts should not raise objection regarding residential proof of child and wife if sworn-in affidavit for the same has been submitted.

The single-judge bench of Justice E.S.Indiresh in this view quashed a High Court order raising an objection with regard to the maintainability of the petition on the ground that the address shown in the cause title and the documents produced by the petitioners do not tally.

The Court to this regard cited Jagir Kaur & ANR Vs. Jaswant Singh, 1963 Latest Caselaw 34 SC wherein it was observed that since Section 125 of Cr.P.C is a social measure providing immediate relief to the destitute wife and children, prima-facie, accepting the duly sworn affidavit by aggrieved parties (wife and children) that they are residing away from the matrimonial home and the address shown in the affidavit is to be accepted.

Based on the above ruling, the Court opined that the Family Court ought to have accepted the address provided in the petition supported by an affidavit by the petitioners and should have issued notice to the respondent.

"Raising objection with regard to residential proof of the petitioners at that juncture itself would defeat the very purpose of scope of Section 125 of Cr.P.C. Undisputably, the affidavit is supported by an application and the petition is preferred by the wife and children seeking maintenance."'

The Court was of the view that raising objection at the initial stage, directing the petitioners to provide a residential address with regard to the jurisdiction aspect, would defeat the entire legislative intention of Section 125 of Cr.P.C. 

"May be, the jurisdictional aspect is required with regard to the competency of the Court, however, such a requirement may be an exception to the provisions under Section 125 of Cr.P.C. for the reasons mentioned above. If the applicant/petitioner filed petition along with an affidavit disclosing their residential address in the duly sworn affidavit, that itself is sufficient to continue the proceedings to provide immediate relief to the destitute wife/children," the Court said.

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