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TMI Blog2004 (4) TMI 661X X X X Extracts X X X X X X X X Extracts X X X X ..... erms of Section 125 of the Code of Criminal Procedure, 1973 (in short 'the Code'), the other respondents are appellant's step brothers. 3. The factual background projected by the parties need not be noted in detail as the pristine question involved is one of law relating to jurisdiction in terms of Section 126 of the Code where an application can be filed. The application was filed by the respondent No. 2 - father in the Court of Chief Judicial Magistrate, Siwan. The appellant filed an application for transfer of the case from Siwan to Patna alleging that an influential politician was behind the litigation, and he would not get justice if the case is tried at Siwan as he could not even arrange a lawyer to represent him. Accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave been specifically raised before the High Court. In normal course we would have remitted the matter to the High Court for a decision on that aspect; but considering the relationship of the parties and as rightly submitted by learned counsel for the respondents the importance of the question. We think it appropriate to examine the question of jurisdiction. 7. Section 126 of the Code is in essence a repetition of Section 488(6) to (8) of the Code of Criminal Procedure, 1898 (in short the 'old Code'). Section 488 of the old Code corresponding to Section 126 so far as relevant read as follows:- Proceedings under this section may be taken against any person in any district where he resides or is, or where he last resided with h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the person seeking that remedy, as we have pointed out, is ordinarily a helpless person. So the words should be liberally construed without doing any violence to the language. 12. As noted in the above said judgment the crucial expression for the purpose of jurisdiction in respect of a petition which is filed by a father is not where parties reside and is . 13. It is to be noted that Clauses (b) (c) of Sub-section (1) of Section 126 relate to the wife and the children under Section 125 of the Code. The benefit given to the wife and the children to initiate proceeding at the place where they reside is not given to the parents. A bare reading of the Section makes it clear that the parents cannot be placed on the same pedestal a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly when the application was filed for maintenance. Respondent No. 2 father has indicated about the son practising in the Patna High Court. Obviously if his son was practising at the time of presentation of petition in the Patna High Court, he could not have been physically present at Siwan, whatever extended meaning may be given to the expression is . In view of this the position is clear that the Court at Siman has no jurisdiction to deal with the petition. One thing may be noted, which can clear lot of cobwebs of doubt. The expression is cannot be construed to be a fleeting presence, though it may not necessarily for considerable length of time as the expression resides may require. Although the expression normally refers to the pre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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