Territorial jurisdiction in domestic violence matter

Yes, the jurisdiction can be challenged in a domestic violence case by referencing both Section 27(1) of the Protection of Women from Domestic Violence Act (PWDVA) and Section 20 of the Code of Civil Procedure (CPC). Section 27(1) of PWDVA states that the court having jurisdiction to try a complaint under this Act shall be the court having jurisdiction over the place where: - The respondent resides or carries on business - The cause of action arises - The aggrieved person resides Section 20 of CPC states that: - A suit shall be instituted in a court having jurisdiction over the subject matter and the defendant - The court having jurisdiction over the place where the cause of action arises can entertain a suit To challenge jurisdiction, you can file an application under Section 20 CPC read with Section 27(1) PWDVA, arguing that the court lacks territorial jurisdiction. You'll need to demonstrate that: - The respondent doesn't reside or carry on business within the court's jurisdiction - The cause of action didn't arise within the court's jurisdiction - The aggrieved person doesn't reside within the court's jurisdiction If successful, the court may transfer the case to a court having proper jurisdiction or dismiss the complaint

Thank you very much! However, Sec.27(1)(a) states the person aggrieved (not respondent) permanently or temporarily resides or carries on business or is employed.......

Thank you very much! May I request for the citation/case law of BHC judgment?

Will let you know later, tomorrow or whenever time permits.

Family laws are women-centric. The woman can file the case at a place most convenient to her, except that it should be sensible.

What are the facts? In the absenc of facts, the posting is more of a query than a riddle.

Thanks for taking your time out, Dr. Ramani! The question is whether the court's jurisdiction can be questioned in a matter under Sec.27 of PWDVA, wherein the wife has invoked the jurisdiction of court that covers parents' home address, whereas she resides/works in a different city/state? She just VISITS her parents' home, only once in a while, for very short durations!

Again I say the laws are women centric. Women can choose the jurisdiction that is convenient to her. Mostly she deliberately chooses the court jurisdiction most inconvenient to the husband. Anyway you can try.

Thanks for taking your time out, Mr. P. Venuil! The facts are all common but the main question is whether the court's jurisdiction invoked by the wife can be questioned in a matter under Sec.27 of PWDVA. Wife has filed a DV case from her parents' home address, whereas she resides/works in a different city/state? She just VISITS her parents' home, only once in a while, for very short durations!

You can take a chance by instructing your advocate take an objection based on your understanding of the situation.

Thanks, Mr. Venue!