Domestic violence act query
Munish Kumar Garg
(Querist) 15 November 2012
This query is : Resolved
Hello Members
My problem is in my case is as follows:-
The husband and wife married in Delhi and resides their after marriage till 4 months after their marriage. Then the girl left the matrimonial home after 4 months of the marriage without any reason, but after the marriage we i.e. husband, came to know that the girl loves someone loves someone else and for that reason she left the matrimonial home.
After this we try to settle the dispute/mus-understanding by the intervention of the respectable members of the society, but the parents of the girl declined to settle the issue.
Now the girl had instituted the case under Section 12 of the Domestic Violence Act at District Jind (Haryana) by showing her address as temporary one i.e. the address which she had shown is of her aunty (Bua Ji).
My problem is that as I want to file the quashing against the proceedings of Section 12 in the High Court. The problem is that as per Section 27 of the Act, temporary address where a girl resides made the jurisdiction for filling the complaint in the District Courts at Jind.
But the husband and wife never resides at Jind, nor the husband is having any relative at Jind. So can it be said that where husband and wife not resided together after marriage can it comes under the Jurisdiction for filling the complaint.
Or,
Even besides this the no Domestic Violence act had never ever been committed at District Jind by the husband, as they never live in that district, till their separation.
So my problem is that as per Section 27 of the Act, which not bars the Jurisdiction of the Courts at District Jind, but the malafide act of the wife by filling complaint at Jind causes Harassment to them, so how can I bye-pass this statutory legal problem of jurisdiction.
Please give me your suggestions.
ajay sethi
(Expert) 15 November 2012
under section 27 of DV act it can be filed by the lady wherein she is temprarily or permanenetly residing or wherein the respondent is resding or carries on business or where cause of action has arisen .
she cna file complaint in jind wherein she is temporarily residing . fight case on merits high court is generally reluctant to quash complaints made under DV act
Munish Kumar Garg
(Querist) 15 November 2012
But tell me as the Act itself provides for the Jurisdiction if the victim is residing somewhere else temporarily, then how the High Court can quash the proceedings.
One more point which I am thinking that as no Domestic Violence of any kind was caused upon them as per Section 3 of the Act, then can I take the benefit of the provisions of Hindu Marriage Act for showing the last resided together in quasi-criminal quashing proceedings like Section 19 of the Hindu Marriage Act, if yes, then please tell me any citation in my support.
Thanks
Raj Kumar Makkad
(Expert) 15 November 2012
Mr. Garg! It seems that this provision
has been made for such aggrieved person who has lost her family residence and is
compelled to take residence, though temporarily, either with one of her relatives or with
one of her friends at a place where the domestic violence was not committed or her
matrimonial home was not there. Such a woman can invoke jurisdiction of the court
where she is compelled to reside in view of commission of domestic violence, this
temporary residence must be one which an aggrieved person takes under the
circumstances of domestic violence. It may also be there that after domestic violence; an
employed aggrieved person decides to take job at some other place and has to shift her
residence. Section 27 provides that the court where an aggrieved person takes under the
circumstances of domestic violence. It may also be there that after domestic violence; an
employed aggrieved person decides to take job at some other place and has to shift her
residence. Section 27 provides that the court where an aggrieved person carries on
business or has employment also has jurisdiction. The jurisdiction of the court would not
be there where an aggrieved person starts residing deliberately only for the purpose of
filing a case under domestic violence against respondent while the place has no
relevance i.e. neither she has a relative or friend there neither a business nor a job and
she is helped by parents or other well-wishers to go to a place and hire a house and
lodge a report under Domestic Violence Act. Say domestic violence is committed in
Chennai, the woman comes to Delhi, she does not have job in Delhi, she does not have
business in Delhi, she has no relative or friends in Delhi but she hires a house and files
an application under Domestic Violence Act. Exercise of jurisdiction by the Magistrate in
such cases would be contrary to the Act as the Act envisages help from police of the local area where such incidence of domestic violence had taken place.
My views are based upon a citation of Delhi High court which is summarized in the following link:
http://delhidistrictcourts.nic.in/Sep10/Sharad%20Kumar%20Pandey%20Vs.%20Mamta%20Pandey.pdf
Even then if you require my services, you may contact me as I am also resident of Haryana, a place hardly 60 kms from Jind.
Munish Kumar Garg
(Querist) 15 November 2012
Thanks for replying
Sir
The problem is that the girl is having her relatives at Jind but the husband does not have any relative at District Jind. Even besides this the girl is living in Delhi but she comes to visit on the court dates fixed, but she does not reside in Jind at all till today.
Please tell me any citation which supports my case before I file the quashing petition in the High Court.
Thanks
And also Makkad sir please tell me your contact address.
ajay sethi
(Expert) 17 November 2012
search in LCI data base for mr makkad . you will find his address and cell no . you can laso send him a private message on LCI
