Supreme Court of India · 2004-04-07
VIJAY KUMAR PRASAD vs STATE OF BIHAR .
- Citation / case number
- SC 2003/14621
- Court
- Supreme Court of India
- Petitioner
- VIJAY KUMAR PRASAD
- Respondent
- STATE OF BIHAR .
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT. DORAISWAMY RAJU
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 appeal was allowed, and the order of the Patna High Court was set aside, affirming that the Siwan Court lacked jurisdiction to entertain the application as the appellant resided in Patna.