Supreme Court of India · 2004-04-07
Vijay Kumar Prasad vs State Of Bihar & Ors
- Citation / case number
- AIR 2004 SUPREME COURT 2123
- Court
- Supreme Court of India
- Petitioner
- Vijay Kumar Prasad
- Respondent
- State Of Bihar & Ors
- Author
- Arijit Pasayat
- Bench
- Doraiswamy Raju, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed the jurisdictional issue under Section 126 of the Code of Criminal Procedure, 1973, in a maintenance claim filed by a father against his son. The Court held that jurisdiction is determined by the residence of the person from whom maintenance is claimed, not the claimant's residence. The Court found that the High Court failed to address the jurisdictional question adequately and thus decided to examine it directly, ultimately emphasizing the importance of proper jurisdiction in maintenance proceedings.