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AJOY KUMAR MUKHERJEE
Rani Bibi – Appellant
Versus
Sk. Nurullah – Respondent
JUDGMENT
Dr. Ajoy Kumar Mukherjee, J.—The petitioner herein/wife has assailed the order dated 22nd August, 2022 passed by learned Chief Judge, City Sessions Court, Calcutta in Criminal Appeal no. 131 of 2022, arising out of a proceeding under section 12 of Protection of Women from Domestic Violence Act, 2005 (in short DV Act) vide MISCN Case no. 23 of 2020 filed in the court of erstwhile 11th Metropolitan Magistrate, Calcutta (in short 11th MM).
2. The petitioner’s case is that she was married to the opposite party no.1 in accordance with Islamic rituals on 07.02.2013. It is alleged that inspite of receipt of sufficient amount of dowry, the opposite parties herein with a malafide intention maltreated the petitioner in every possible way and she was also not provided with sufficient food. They are blessed with a child. However, the opposite parties pressed for more dowry and the petitioner finding no other alternative had to leave the matrimonial home and presently had taken shelter at a rented accommodation within Taltala Police Station, Kolkata. Thereafter, she initiated a criminal proceeding against the opposite party under sections 498A/406/506/34 of the IPC, being Taltala Women
(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....
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.
Economic abuse is included in the definition of domestic violence under the DV Act, allowing for protection orders while property disputes are adjudicated in civil courts.
The court established that reliefs under the DV Act are civil, and appeals against such orders cannot be treated as criminal proceedings.
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....
Temporary residence under the D.V. Act requires demonstrable intention to stay, not just casual presence, supported by sufficient evidence.
The court ruled that a trial court lacking territorial jurisdiction must return an application under the DV Act for filing in the appropriate court, emphasizing the Act's purpose to ensure justice.
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