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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Bikky Chaudhary S/o Shri Rabindra Kumar Chaudhary – Appellant
Versus
Rani Kumari Gupta D/o Shri Ram Babu Prasad – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
1. Heard Mr. D. Nandi, learned counsel for the petitioner.
2. This criminal petition under Section 528, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred seeking quashing of two proceedings, Misc. Case no. 105/2024 and D.V.C.R. Case no. 02/2025, presently pending before the Court of learned Additional Chief Judicial Magistrate, Bongaigaon, Assam [‘the Trial Court’, for short], between the petitioner and the respondent.
3. The proceeding of Misc. Case no. 105/2024 has been initiated by the respondent under Section 144, BNSS, 2023 seeking monthly maintenance allowance from the petitioner for the respondent and her minor child.
4. The proceedings of D.V.C.R. Case no. 02/2025 is initiated by the respondent by filing an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 [‘the D.V. Act’, for short] against the petitioner and five other family members/relatives of the petitioner seeking various reliefs under Section 18, Section 19, Section 20 and Section 21 of the D.V. Act.
5. In the application filed under Section 144, BNSS as well as in the application filed under Section 12 of the D.V. Act, the respondent has st
The jurisdiction for maintenance claims under domestic violence law can be established at the temporary residence of the aggrieved person, allowing for simultaneous proceedings under various statutes....
A wife can file a maintenance application under Section 125 Cr.P.C. in the district where she is residing, even if she was originally a resident of a different district.
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....
The wife may choose the venue for maintenance proceedings under the Bharatiya Nagarika Suraksha Sanhita, 2023, and the husband's convenience is not a valid basis for transfer.
The main legal point established in the judgment is the importance of ensuring that the wife and/or child of the husband are not left to destitution and vagrancy if they do not have the means to main....
Temporary residence under the D.V. Act requires demonstrable intention to stay, not just casual presence, supported by sufficient evidence.
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.
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