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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
ABHAY J. MANTRI
Nikhil Rajendra More – Appellant
Versus
Vishakha Nikhil More – Respondent
| Table of Content |
|---|
| 1. jurisdiction of magistrate under d.v. act. (Para 2 , 3 , 5) |
| 2. arguments against the respondent's claim. (Para 6 , 10 , 12) |
| 3. definition and interpretation of 'resides' in d.v. act. (Para 19 , 21 , 34) |
| 4. temporary residence defined for legal context. (Para 27 , 32 , 52) |
| 5. final ruling on jurisdiction of the courts. (Para 54 , 55) |
JUDGMENT :
ABHAY J. MANTRI, J.
1. Heard. Rule. Rule is made returnable forthwith and heard finally, with the consent of the respective parties, at the admission stage.
2. The petitioners assail the judgment and order dated 07th May, 2025, passed by the learned Additional Sessions Judge, Chhatrapati Sambhajinagar (for short “learned Additional Sessions Judge”) in PWDVA Appeal No. 30 of 2025, whereby dismissed the appeal and confirmed the order dated 28th January, 2025, passed by the learned Judicial Magistrate First Class, Chhatrapati Sambhajinagar (for short “learned Magistrate”) in PWDVA No. 85 of 2024, below Exh.6, whereby rejected the application filed by the petitioners, raising an objection that the learned Magistrate at Chhatrapati Sambhajinagar has no jurisdiction to try and entertain the application under the provisions of Protection
Temporary residence under the D.V. Act requires demonstrable intention to stay, not just casual presence, supported by sufficient evidence.
Territorial Jurisdiction of Magistrate – It is requirement of Section 27 of D.V. Act that, in order to confer territorial jurisdiction upon a Judicial Magistrate First Class, there has to be at least....
The key legal principle established in the judgment is the application of Section 27 of the D.V. Act in determining jurisdiction, emphasizing the importance of the permanent or temporary residence of....
The jurisdiction in domestic violence cases should prioritize the victim's temporary residence as per the provisions of the Domestic Violence Act, ensuring timely and effective relief.
(1) Inherent Jurisdiction – To secure ends of justice is much more than to decide case on legal points.(2) Domestic violence – Petition under DV Act can be filed in a court where person aggrieved per....
Point of Law : Domestic violence – Challenge to interim orders - No bar in entertaining a petition under Article 227 of the Constitution even in orders passed by criminal courts.
The main legal point established is the requirement for litigants to make a full and candid disclosure of all relevant and material facts, as failure to do so can impact the court's jurisdiction and ....
The right of residence under the DV act is exclusive and not affected by any right under Section 9 of the Hindu Marriage act, 1955.
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