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february 1963

Supreme Court of India · 1963-02-13

JAGIR KAUR & ANOTHER vs JASWANT SINGH

Citation / case number
SC 1961/237
Court
Supreme Court of India
Petitioner
JAGIR KAUR & ANOTHER
Respondent
JASWANT SINGH
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that under Section 488 of the Code of Criminal Procedure, 1898, a Magistrate has jurisdiction to entertain a maintenance petition if the husband last resided with the wife in that district. The Court clarified that 'resides' implies more than a brief visit, requiring an intention to stay for an indefinite period. The High Court's ruling that the Magistrate lacked jurisdiction was overturned, affirming the Magistrate's award of maintenance for the wife and child.

JAGIR KAUR & ANOTHER vs JASWANT SINGH · Niyam