Domestic violence

This query is : Resolved 
 

Online (Querist)
20 November 2018

A lady born and brought up in Karnataka state. Mother Keralite father Kannadiga. Married to a Karalite boy. Marriage at Kerala. Husband filed divorce petition and obtained expartee divorce order. Questian is, still she could file D.V case, that too in Karnataka. ?


Dr J C VashistaOnline (Expert)
20 November 2018

What is your locus standie to the query ?
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Guest (Expert)
20 November 2018

If the case is filed after divorce decree is ordered it will not be maintainable and would be dismissed.

SHIRISH PAWAR, 7738990900Online (Expert)
20 November 2018

If DV case filed you have to fight out case on merits. Consult with local advocate.

jainsOnline (Querist)
20 November 2018

like to get an answer on jurisdiction point?

jainsOnline (Querist)
23 November 2018

like to get an answer on jurisdiction

Nadeem QureshiOnline (Expert)
15 March 2020

Dear Querist
as per section 27 of Protection of Women From Domestic Violence Act-2005, she may file.

27. Jurisdiction.—
(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which—
(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or
(b) the respondent resides or carries on business or is employed; or
(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.
(2) Any order made this Act shall be enforceable throughout India.



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