Dawalsab vs Khajasab

The Supreme Court examined the dismissal of a maintenance petition under Section 125 Cr.P.C. by the Family Court and the subsequent revision by the Karnataka High Court. The Court held that the jurisdiction for maintenance proceedings lies where the respondent resides, as per Section 126 Cr.P.C., and clarified that the term 'is' refers to the respondent's normal presence, not a transient one. The Court upheld the High Court's decision, affirming that the Family Court at Bijapur lacked jurisdiction to entertain the petition since the respondent was employed in Syndagi.