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TMI Blog1941 (12) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... ted between them. She had been there for about two months, when the petitioner who had left her jewels in Ceylon because he apprehended that he would have to pay customs duty if he brought them back to India with him, persuaded his wife to accompany him back to Ceylon and wear the jewels; for by her so doing, they could avoid paying duty on them. On their return from this short visit to Ceylon, they halted at Trichinopoly, where both the brother of the petitioner and her father live, and went to stay in the house of the petitioner's brother. During the few days they remained there, the petitioner ill-treated his wife--the Magistrate finds--and drove her out of the house. She then went to her father's house. On the following day, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay'. It is defined in the Oxford Dictionary as to dwell permanently or for a considerable time; to have one's settled or usual abode; to live in or at a particular place. The word therefore implies some intention to remain at a place and not merely to pay it a casual visit, intending shortly to move on to one's permanent residence. This is the purport of the decision of a Bench of the Lahore High Court in Charan Das v. Surasti Bai I.L.R. (1940) Lah. 755 : A.I.R. 1940 Lab. 449. The lower Court considered that the petitioner had no permanent place of residence; for wherever the petitioner went in the Mysore State he lived in a rented house and it was in a rented house that he lived in, Bangalore. The learned Magistrate concluded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sband's native place was Trichinopoly; he had two houses and lands there, and he used to visit that town whenever he had sufficient leave. He had left his wife in Trichinopoly at her father's house and he went there and stayed with her for some days. The present petitioner's ancestral house is in Mysore and he has no house or other property in Trichinopoly. 4. The Magistrate therefore had no jurisdiction to try this case; but the learned Magistrate seems to have thought that even if that were so, the lack of jurisdiction would not nullify his order. He quoted Section 531, Criminal Procedure Code, which says that No order of any Criminal Court shall be set aside merely on the ground that the... proceeding in the course of whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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