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Issues:
1. Jurisdiction of the Sub-Divisional Magistrate of Trichinopoly to award maintenance under Section 488, Criminal Procedure Code. 2. Interpretation of the term "reside" in the context of Section 488. 3. Application of Section 531, Criminal Procedure Code in cases of jurisdictional errors. Detailed Analysis: 1. The judgment involves the issue of the jurisdiction of the Sub-Divisional Magistrate of Trichinopoly to award maintenance under Section 488 of the Criminal Procedure Code. The petitioner contested the jurisdiction based on the interpretation of the term "reside" in the context of the section. The Magistrate had awarded maintenance to the wife based on proof of cruelty by the husband during their stay in Trichinopoly. The petitioner argued that the Magistrate lacked jurisdiction as the petitioner's last residence with his wife was in Bangalore, not Trichinopoly. 2. The interpretation of the term "reside" was crucial in determining jurisdiction. The court referred to the Oxford Dictionary definition, which implies a permanent or considerable time dwelling at a place. The court emphasized that "reside" signifies more than a temporary stay and requires an intention to remain at a place. The court cited a Lahore High Court decision to support the interpretation that residence involves having a settled abode. It was established that the petitioner considered Bangalore his home, where he intended to reside, making the visit to Trichinopoly a casual one. Therefore, the petitioner's last residence with his wife was in Bangalore, not Trichinopoly. 3. The judgment also addressed the application of Section 531 of the Criminal Procedure Code concerning jurisdictional errors. The court acknowledged that while there was no failure of justice in this case, Section 531 applies to inquiries in British India. Since Bangalore is within the Mysore State, the Bangalore Courts are considered foreign Courts. Consequently, Section 531 would not rectify jurisdictional defects in the Sub-Divisional Magistrate's order. The court set aside the Magistrate's order on the grounds of lack of jurisdiction. In conclusion, the High Court of Madras held that the Sub-Divisional Magistrate of Trichinopoly lacked jurisdiction to award maintenance under Section 488 of the Criminal Procedure Code. The court interpreted the term "reside" to determine the petitioner's last residence with his wife and found it to be in Bangalore, not Trichinopoly. Additionally, the court clarified that Section 531 of the Criminal Procedure Code does not validate jurisdictional errors in cases involving foreign Courts like those in the Mysore State. Therefore, the Magistrate's order was set aside due to lack of jurisdiction.
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