Maintenance Order U/S 125 CrPC May Be Enforced In Any Place Where Person Against Whom It Is Made May Be; Residence Not Material: Delhi HC

[22 December 2021]
The Delhi High Court has observed that the presence of a person at preferred jurisdiction at the time of application for maintenance against him under Section 125 of the Code of Criminal Procedure would be a material fact for execution of the said order of maintenance. Justice Chandra Dhari Singh added that Section 128 of the Code which contemplates procedure for enforcement of order of maintenance, use the words ‘where the person against whom it is made may be’ and not where he is residing or where his permanent property is. It observed, “Mandate under Section 128 of the Cr.P.C. categorically provides for enforcement of order of maintenance by any Magistrate in any place where the person against whom it is made may be. The Code gives ample prerogative with respect to the jurisdiction where the person seeking maintenance may file for the same and its subsequent execution. The words used are, „where the person against whom it is made may be’ and not where he is residing or where his permanent property is. The material fact, hence, would be the presence of the person at the preferred jurisdiction at the time of the application for maintenance.” The Bench was dealing with a plea challenging the Order dated 28th April, 2018 passed by Family Court, Dwarka, New Delhi in the Execution Petition between a couple.