Jurisdiction in case of domestic violence case
Arpita
(Querist) 30 October 2012
This query is : Resolved
Hello,
I just want to know what procedure shiould be adopted in the following matter:
"One lady who used to reside with her husband in karnataka suffered domestic violence. She came to her maternal home i.e. Mumbai and now wishes to file a complaint. But the police officer is not filing an FIR saying it is not his jurisdiction and that she needs to file a case in Karnataka."
Please Help.
ajay sethi
(Expert) 30 October 2012
she can filecomplaint before magistrate in mumbai . under section 27 of DV act it can be filed by the lady wherein she is temprarily or ermanenetly residing or wherein the respondent is resding or carris on business or where cause of action has arisen .
she can file either in karntaka or in mumbai
Devajyoti Barman
(Expert) 30 October 2012
FIR???
For DV case one need not lodge any complaint with local PS. It is necessary for 498A case.
R.K Nanda
(Expert) 30 October 2012
she can file complaint under DV act at mumbai
also.
Advocate Bhartesh goyal
(Expert) 30 October 2012
The Protection Of Women From Domestic Violence Act, 2005
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.
V R SHROFF
(Expert) 30 October 2012
AGREE WITH Mr. Sethi & Mr. Goyal
She can file her DV Application in Metropolitan Magistrate [MM] COURT IN MUMBAI, WHERE SHE RESIDE NOW.
No need to go to Police, She can directly file DV Complaint in Court.
