JUDGMENT :

1. Rule.

2. Rule made returnable forthwith by consent of the parties.

3. This petition is by husband aggrieved by an order dated 24.06.2022 passed by the learned Judicial Magistrate, First Class, Chalisgaon in an application below Exhibit-36 in P.W.D.V.A. No.108/2017, thereby rejecting the application, raising objection about the jurisdiction to the Court and filing complaint under Section 193 against respondent no.1/wife.

4. The facts in short are that the petitioner and respondent no.1 got married on 15.05.2014 at Chalisgaon. After marriage, for a brief period, the couple resided at Aurangabad thereafter resided at Ulhas Nagar, District Thane at Mumbai for service. The couple also is blessed with a child/respondent no.2.

5. Wife filed a complaint on 27.03.2017 with Ulhas Nagar Police Station making various allegations of cruelty, harassment etc. against her husband and her in-laws. Thereafter she filed proceeding under Domestic Violence Act (D.V. Act for short) in the Court of Chalisgaon on 24.05.2017. The petitioner appeared before the Court at Chalisgaon and raised maintainability of the proceeding before the Court stating that in view of Section 27 of the D.V. Act, since