Rajinder Kumar Arora (Advocate) 11 September 2024

Territorial jurisdiction in domestic violence matter

Can the jurisdiction be challenged in a domestic violence case giving reference of both Section 27(1) of PWDVA and Section of 20 CPC?

Reply Follow

12 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 11 September 2024

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

Rajinder Arora 11 September 2024

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.......

T. Kalaiselvan, Advocate (Advocate) 11 September 2024

According to Section 27 of the Protection of Women from Domestic Violence Act, a complaint under the Domestic Violence Act can be filed in the following jurisdictions:

The local limits of where the aggrieved person lives, works, or does business, either permanently or temporarily

The local limits of where the respondent lives, works, or does business

The local limits of where the cause of action arose

The Bombay High Court has ruled that complaints cannot be filed in places where the woman is only visiting casually. The court interpreted "temporary residence" to mean the place where the aggrieved person has temporarily decided to make their home.

Rajinder Kumar Arora (Advocate) 11 September 2024

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

T. Kalaiselvan, Advocate (Advocate) 11 September 2024

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

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 12 September 2024

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

P. Venu (Advocate) 13 September 2024

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

Rajinder Kumar Arora (Advocate) 14 September 2024

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!

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 14 September 2024

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.

Rajinder Kumar Arora (Advocate) 14 September 2024

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!