Judgment : The petition under Sec. 482 of Criminal Procedure Code is to call for the records in Criminal M.P.No. 5182 of 1990 on the file of Judicial Magistrate, Ambur and to quash the same. 2. The petitioner is the husband and the first respondent is the wife and respondents 2 and 3 are the minor children of the petitioner represented by guardian the first respondent. It is stated that the respondents herein filed an application under Sec. 125 of Criminal Procedure Code for maintenance in M.C.No. 7 of 1986 on the file of Chief Judicial Magistrate, Vellore and the Chief Judicial Magistrate was pleased to grant a sum of Rs. 500 per mensem for all the three respondents and as the petitioner failed to comply with the order of the Magistrate for the period 16. 1990 to 112. 1990 for a sum of Rs. 3,000, a petition under Sec. 128 and read with Sec. 421 of Criminal Procedure Code was filed by the respondents. The petitioner herein has filed the above quashing petition Criminal O.P.No. 584 of 1991 to quash the Criminal M.P.No. 5182 of 1990 filed by the respondents now on the file of Judicial Magistrate, Ambur. 3. It is contended by the learned counsel for the petitioner that the petition under Sec.128 read with 421 of Criminal Procedure Code ought to have been filed only in the Court of Chief Judicial Magistrate, Vellore which court alone has the jurisdiction as the petitioner resides within the jurisdiction of Chief Judicial Magistrate, Vellore and as such there is infirmity in the petition filed by the respondents under Sec.128 of Criminal Procedure Code and as such, the proceedings now pending before the Judicial Magistrate, Ambur ought to be quashed. 4. I am unable to accept the contention of the learned counsel for the petitioner, Sec.128 of Criminal Procedure Code should be read along with Secs. 125 and 126 of the Criminal Procedure Code. Sec. 126 of the Criminal Procedure Code is as follows: 126.Procedure: (1) proceedings under Sec.125 may be taken against any person in any district- .(a) where he is, or .(b) where he or his wife resides, or .(c) whether he last resided with the wife, or as the case may be with the mother of the illegitimate child. Sec. 126 of the Criminal Procedure Code is as follows: 126.Procedure: (1) proceedings under Sec.125 may be taken against any person in any district- .(a) where he is, or .(b) where he or his wife resides, or .(c) whether he last resided with the wife, or as the case may be with the mother of the illegitimate child. .(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons cases: Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service or wilfully neglecting to attend the court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper. (3) The court in dealing with applications under Sec.125 shall have power to make such order as to costs as may be just." Sec. 128 of Criminal Procedure Code is as follows: 128.Enforcement of order of maintenance: A copy of the order of maintenance shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the nonpayment of the allowance due. 5. 5. It is clear from the above sections that proceedings under Sec.125 may be taken against any person in any District, where a husband or his wife resides and once an order is passed under Sec.125, Criminal Procedure Code and if the amount of maintenance is not paid, proceedings under Sec.128, Criminal Procedure Code can be filed and Sec.128 states that an order made under Sec.125 may be enforced by any Magistrate in any place where the person against whom it is made may be on such Magistrate being satisfied as to the identity of the parties and non-payment of allowance. It is clearly averred in the petition filed by the first respondent-wife in the petition under Sec.128 of Criminal Procedure Code that she and her children are residing within the jurisdiction of the Judicial Magistrate, Ambur and as such, the petition filed by the respondents is in accordance with law. Sec.128 of Criminal Procedure Code clearly states that it can be enforced by any Magistrate in any place where the person against whom it is made may be subject to the satisfaction of the Magistrate with regard to the identity of the parties and the non-payment of the allowance due. In view of the above, there is no infirmity in the petition filed by the respondents and as such, this petition is dismissed.