CrPC S. 125 – Whether a Court, which passed an order of maintenance under S. 125 and 127 of the Code of Criminal Procedure, is competent to execute the order against a person, who has been residing in a place outside the jurisdiction of the Court, which passed the order?

(2023-1)209 PLRIJ 043 (Ker.)

Criminal Procedure Code, S. 125, 127, 128 – Whether a Court, which passed an order of maintenance under Section 125 and 127 of the Code of Criminal Procedure, is competent to execute the order against a person, who has been residing in a place outside the jurisdiction of the Court, which passed the order? – Whether it is mandatory to file an execution petition before the court at the place where the person, against whom the order may be enforced, has been residing – A harmonious and beneficial interpretation of the statutory wording would certainly throw light on the fact that as per the mandate of Section 128 of Cr.P.C, an order passed under Section 125 or 127 Cr.P.C can be enforced by the court in any place, where the person against whom the order is made and at the same time the court passed the order also could very well execute the order irrespective of the fact that the person against whom the order is made has been residing in a place, outside the jurisdiction of the court, which passed the order – Held, that even though an order of maintenance may be enforceable at the place where the person against whom it is made, the court which passed the order also retains power to execute the order, outside the jurisdiction where the respondent has been residing.