P L D 1962 (W (PLP)
Mst. BALQIS BEGUM‑Petitioner Versus MANZOOR HUSSAIN‑Respondent
| Citation | P L D 1962 (W (PLP) |
| Forum / Court | |
| Bench Members | Jamil Husain Rizvi, J |
| Parties | Mst. BALQIS BEGUM‑Petitioner Versus MANZOOR HUSSAIN‑Respondent |
| Primary Law | REPORT OF THE DISTRICT MAGISTRATE |
Q1: What are the key laws and sections cited in P L D 1962 (W (PLP)?
This judgment primarily cites: REPORT OF THE DISTRICT MAGISTRATE as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1962 (W (PLP)?
The case was heard and decided by the bench comprising: Jamil Husain Rizvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1962 (W (PLP) (Mst. BALQIS BEGUM‑Petitioner Versus MANZOOR HUSSAIN‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. H. R. Ansari for Petitioner.
- Raja Muhammad Ayub for Respondent.
- Date of hearing : 27th June 1962.
Headnotes / Summary
Criminal Procedure Code (V of 1898), S. 488‑"Resides" or "is"‑Refer to place of permanent residence and also place of temporary residence‑Courts at places of temporary or permanent residence of husband have jurisdiction to entertain application-- Person residing at place other than his permanent residence due to exigencies of service‑Presumed to have animus revertendi to place of his permanent residence. The facts of this case are as follows: ‑ Mst. Balqis, Begum w/o Manzoor Hussain applied for maintenance under‑ section 488, Cr. h. C. Manzoor Hussain whet summoned took up the plea that as he was resident of Mangla (Azad Kashmir] therefore Courts at Jhelum had no jurisdiction. The lower Court rejected this objection vide order dated l.‑4-1961 (copy enclosed). The proceedings are forwarder for revision on the grounds: ‑ (1) That the findings of the lower Court are illegal because is established that Manzoor Hussain has been living at Mangla (A. Ice.) for the last 6 or 7 years. It is also undisputed that Mst. Balqis Begum remained with him at Mangla (A. K.) for long time and desertion took place at Mangla, therefore, Courts at Jhelum has no jurisdiction as Mangla is beyond the territorial jurisdiction of the Court at Jhelum, (2) That the order of the lower Court is illegal ‑ and' without jurisdiction therefore it liable to be set aside. (3) Record of the case alongwith a copy of order in question is submitted with the request that the order of the lower‑ Court may kindly be set aside.
Judgment & Decree
Mst. Balqis Begum filed an application for maintenance under section 488, Cr. P. C. against her husband Manzoor Hussain in the Court of the Magistrate 1st Class, Jhelum. The respondent raised a contention that as he was posted at Mangla Dam and had been living there for the last six or seven years along with his wife, the Courts at Jhelum had no jurisdiction to entertain the application. This contention of the respondent was turned down by the trial Court, but the learned District Magistrate has forwarded the case to this Court for the order being quashed on the ground that the Courts at Jhelum had no jurisdiction to entertain the petition.
2. The learned District Magistrate on the grounds that it was established that Manzoor Hussain lived at Mangla Dam for the last six or seven years and that Mst. Balqis &gum, his wife, had lived with him there and also that the desertion took place at Mangla Dam, had held that the Courts at Jhelum had no jurisdiction. I am unable to agree with these contentions of the learned District Magistrate, because he had ignored the fact that Manzoor Hussain admittedly belonged to village Sagri and it will be presumed that he has animus revertendi to his home in, village Sagri, the place of his permanent residence. His residence at Mangla Dam is admittedly of a temporary character. Sub section (9) of section 488, Cr: P. C. runs as follows: ‑ "Proceedings under this section may be taken against any person in all district where he resides or is, or where he last resided with his wife, or, as the case may be, the mother of the illegitimate child."
3. The use of the word "resides" or "is" clearly indicates that it has reference to the place of the permanent residence of the respondent and also to the place of his temporary residence. This section clearly empowers the Courts both of the temporary residence of the respondent and also of the permanent residence of the respondent to entertain proceedings against him under section 488, Cr. P. C. It has also been provided that the pro ceedings could also be taken against the respondent in the district where he last resided with his wife. If Manzoor Hussain leaves service or is dismissed from service the only place to which he will come back to live will be his permanent place of residence in village Sagri. A man may be living at different places due to the exigencies of his service but he will be presumed to be always residing at the place of his permanent residence and thus, the Courts of the district of the permanent residence of a person would have jurisdiction to entertain a case under section 438,) Cr. P. C. In this view of the matter, I decline to accept the recommendation of the learned District Magistrate and hold that the Courts at Jhelum have jurisdiction to try this case. The record will be sent back to the trial Court for proceeding further. K. B. A. Petition dismissed.