Ramkumar Chandra v. Smt. Malti Chandra

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Art. 227) No.983 of 2018 Ramkumar Chandra, S/o Nehrulal Chandra, Aged about 50 years, R/o Village Pihreed, P.S. Malkharouda, District Janjgir-Champa (C.G.) (Non-applicant) ---- Petitioner

Versus

Smt. Malti Chandra, W/o Ramkumar Chandra, Aged about 26 years, R/o Village Pihreed, P.S. Malkharouda, District Janjgir-Champa (C.G.) (Applicant) ---- Respondent For Petitioner:

Mr. Pawan Shrivastava, Advocate.

For State:

Mr. Arun Sao, Deputy Advocate General.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 28/11/2018

1. The writ petition has been filed on the ground that the Judicial Magistrate First Class, Sarangarh has no jurisdiction to entertain the application under Section 125 of the CrPC in view of the constitution of Family Court at Raigarh under the provisions of the Family Courts Act, 1984 (for short, 'the Act of 1984').

2. Learned State counsel would produce the notification dated 6-9-2005 wherein it has clearly been stated that in exercise of the powers conferred under Section 3 of the Act of 1984, Family Court has been constituted at Raigarh, but the jurisdiction of Courts at Sarangarh, Gharghoda and Dharamjaigarh has been excluded, as such, the Judicial Magistrate First Class at Sarangarh has jurisdiction to entertain the application under Seciton 125 of the CrPC and therefore the writ petition is closed. No order as to cost(s).

3. A copy of the notification be placed on record.

4. A copy of the order be sent to the trial Court by E-mail / fax. Sd/- (Sanjay K. Agrawal) Judge Soma