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Domestic Violence Complaint Can Be Tried By Court Where Aggrieved Woman Resides
06 Dec 2019 01:54 pm
The Karnataka High Court has said that a magistrate where the aggrieved woman resides even temporarily has jurisdiction to entertain an application filed under the Domestic Violence Act, it need not only be tried by a court within whose local jurisdiction the offence was committed.
Justice Mohammad Nawaz while dismissing a petition filed by one K V Vijaykumara said "Section 27 (1)(a) of the Act, emphasize that the court of judicial magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which the person aggrieved permanently or temporarily resides etc., shall be the competent court to grant protection order and other orders under the Act and to try offences under the Act."
The estranged husband had challenged order of the Magistrate court and Sessions court passed on March 9, 2018 and November 14, 2018, respectively. It was held that the learned Magistrate has jurisdiction to proceed with the matter filed by the woman under section 12 of the Act. These orders were challenged in the High Court.
