Territorial jurisdiction for maintenance petitions: residence, physical presence, and last shared residence were construed broadly under CrPC.

Section 488(8) CrPC was construed to confer three alternative territorial forums for a maintenance petition: where the husband resides, where he is physically present, or where he last resided with his wife. "Resides" was given a liberal meaning to include permanent or temporary abode with animus manendi, excluding only a casual or fleeting visit. "Last resided with his wife" was read as the last such residence in India within the Code's territorial operation. "Is" was held to mean the husband's physical presence in the district when proceedings are initiated. On that construction, the Magistrate at Ludhiana had jurisdiction because the husband had last resided there with his wife and was present there when the petition was filed.

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Issues: Whether the Magistrate at Ludhiana had territorial jurisdiction under Section 488(8) of the Code of Criminal Procedure, 1898, to entertain the maintenance petition.

Analysis: The provision was construed as creating three alternative forums, namely where the husband resides, where he is, or where he last resided with his wife. The words were held to require a liberal construction, because the remedy is summary and intended to secure urgent relief to a deserted wife or helpless child. The expression "resides" was held to include permanent as well as temporary abode, provided there is animus manendi, and to exclude only a casual or flying visit. The expression "last resided with his wife" was read as referring to the last residence in India within the territorial operation of the Code. The word "is" was held to mean the husband's physical presence in the district when the proceedings are initiated, regardless of the duration or character of the stay.

Conclusion: The Magistrate at Ludhiana had jurisdiction to entertain the maintenance petition because the husband had last resided with his wife there and was also present in that district when the petition was filed.

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