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2022 Supreme(Raj) 1006

PUSHPENDRA SINGH BHATI
Sushila – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Sheetal Kumbhat, Ms. Khushboo Palasia, for the Appellant
Mr. Mukhityar Khan,Pp, Mr. Amit Kumar & Mr. Ashish Gehlot for Mr. Tc Sharma, for the Respondent.

ORDER

1. Counsel for the petitioner submits that jurisdiction has been denied by learned revisional court on the ground that the cause of action arose in Mumbai, whereas Hon'ble Apex Court in Rupali Devi Vs. State of Uttar Pradesh & Ors., reported in 2019 Cr. L.R. (SC) 429 has held that a woman has access to the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. The relevant para of the judgment is quoted as follows :-

    '15. The Protection of Women from Domestic Violence Act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided Under Section 498A of the Indian Penal Code. The definition of the Domestic Violence in the Protection of Women from Domestic Violence Act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well-being, whether mental or physical, as well as emotional abuse. The said definition would certainly, for reasons stated above, have a close connection with Explanation A & B to Section 498A, Indian Penal Code which defines cruelty. The prov

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