Court within whose jurisdiction wife resides temporarily has jurisdiction to decide Domestic violence case
Thus, the Court of Judicial Magistrate of the First Class or the 'MM' within the local limits of which the aggrieved person permanently or temporarily resides or carries on business is competent to entertain the complaint under the provisions of D.V. Act. It is not in dispute that at the time of the filing of the complaint under the D.V. Act the Petitioner was
Crl. M.C.3273/2011 Page 5 of 15 residing with her parents within the jurisdiction of the learned M.M. Of course, a non-molestation order was obtained by the Petitioner by approaching Brent Ford County Court under the Family Law Act, 1996. That by itself was not sufficient to exclude the jurisdiction of the learned 'MM' if she was otherwise possessed jurisdiction by virtue of Section 27 of the D.V. Act. The learned ''MM'' also erred in holding that the since the offence arising out of violation of the protection order cannot be tried in Delhi Courts, the learned ''MM'' will not have any jurisdiction is also without any substance. The object of enacting D.V. Act was to provide a remedy under the civil law to women who are sisters, widows, mothers, single woman in addition to a wife or a female living in a relationship in the nature of marriage. However, the protection order could be obtained only against a person who was in domestic relationship with the person aggrieved.
Thus, simply because the Petitioner returned to India either temporarily or permanently it will not disentitle her to invoke the provisions of the D.V. Act if she has a case on merits. Thus, dismissing the complaint for want of jurisdiction by the learned 'MM' and its approval by the learned ASJ was illegal and cannot be sustained.
Reserved On: 19Th February, 2013 vs Pritam Ashok Sadaphule & Ors on 10 April, 2013
https://www.lawweb.in/2013/06/court-within-whose-jurisdiction-wife.html
