R.BANUMATHI, A.S.BOPANNA, HRISHIKESH ROY
SHYAMLAL DEVDA – Appellant
Versus
PARIMALA – Respondent
Certainly. Based on the provided legal document, here are the key points:
The complaint filed against multiple relatives residing in different states, including those living far from the matrimonial home, was deemed not sustainable and liable to be quashed (!) .
The jurisdiction of the court at Bengaluru is established under Section 27 of the Domestic Violence Act, which allows for the complaint to be filed where the "person aggrieved" temporarily or permanently resides or carries on business or employment (!) .
The respondent, who is the "person aggrieved," was residing within the territorial limits of the Bengaluru Metropolitan Magistrate's court at the time of filing, which justifies the court's jurisdiction (!) .
The allegations of domestic violence primarily pertain to the husband and his parents, with specific acts of harassment and property-related disputes, while allegations against other relatives residing in different states lack specificity and evidence (!) .
The court emphasized that for other relatives residing outside the matrimonial home, there must be specific allegations linking them directly to acts of domestic violence; otherwise, proceedings against them are not sustainable (!) .
The court clarified that orders under the Domestic Violence Act are enforceable throughout India, and the jurisdiction is based on the location of the "person aggrieved" or the respondent, or where the cause of action arises (!) .
The appeal partly allowed the quashing of proceedings against certain appellants and directed the Magistrate at Bengaluru to proceed with the case against the immediate family members (parents and husband) and dispose of it according to law (!) .
The court did not express any opinion on the merits of the case but focused on jurisdictional issues and the validity of the proceedings against specific parties (!) .
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JUDGMENT
R. BANUMATHI, J.
Leave granted.
2. This appeal arises out of the impugned judgment dated 18.02.2019 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No.5959 of 2015 in and by which the High Court has dismissed the petition filed by the appellants stating that the Metropolitan Magistrate, Bengaluru has the jurisdiction to entertain the complaint filed by the respondent under Sections 18, 19 and 20 of the Protection of Women from Domestic Violence Act, 2005 (For short “Domestic Violence Act”).
3. Brief facts which led to filing of this appeal are as follows:- The marriage of respondent-wife and appellant No.14-Manoj Kumar was solemnized on 01.05.2006, as per Hindu rites and customs in Rajasthan. After marriage, the respondent was residing with appellant No.14 in her matrimonial house at Chennai along with appellants No.1 and 2 who are the parents of the appellant No.14. In April, 2014, appellant No.14 and respondent-wife went to Bengaluru from Chennai to attend respondent’s sister wedding. After the said wedding, the respondent expressed her desire to remain at Bengaluru for some time; which was acceded to by appellant No.14 with the understanding that the
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