The Protection of Women from Domestic Violence Act applies to foreign citizens, affirming their right to seek protection under Indian law.

ORDER

1. The present Criminal Misc. Petition has been preferred against the order dated 05.08.2021 passed by learned ADJ (Women Atrocities Cases), Jodhpur Metropolitan in Criminal Appeal No.11/2021 filed against the order dated 11.02.2021 passed by Civil Judge and Jodhpur Metro Magistrate No.6, Jodhpur.

2. The petitioner preferred an application for rejection of complaint undertaken by the respondent- complainant under section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'Act of 2005')- The application preferred by the petitioner on the ground of maintainability of the complaint as being non maintainable was dismissed by the learned trial court vide order dated 11.02.2021. The order dated 11.02.2021 was assailed by the petitioner by way of filing an appeal before the appellate court and the same was also rejected by the appellate court vide order dated 05.08.2021. Aggrieved against the orders dated 11.02.2021 and 05.08.2021, the present petition has been filed.

3. Learned counsel for the petitioner vehemently submits that the application preferred by the respondent No.2 i.e. complainant before the trial court under section 12 of the Act of 2005 is not maintainable as the petitioner and the respondent No.2 are not Indian citizens and thus, are not amenable to the jurisdiction of the Act of 2005. He further submits that since the petitioner was only resident of India at that relevant point of time will not confer jurisdiction in the present case.

4. Per contra, learned counsel for the respondent No.2 submits that by virtue of definition of section 2 (a) and section 12 of the Act of 2005, the present application is very much maintainable.

5. I have considered the submissions made at the bar and gone through the orders dated 11.02.2021 and 05.08.2021 passed by the courts below.

6. The facts which are noted for decision in the present case are that on 23.10.2019, an application under section 12 of the Act of 2005 was preferred by the respondent No.2. The notices were issued to the petitioner. On 05.12.2019, time was sought by the present petitioner through counsel to file reply to the application. Thereafter, on 12.01.2021, an application was preferred regarding maintainability of the petition before the trial court. To this application, a reply was filed by the respondent No.2 on 22.01.2021 and finally after the arguments were heard, the application preferred by the petitioner was rejected by the trial court vide order dated 11.02.2021. Against the order dated 11.02.2021, the petitioner preferred an appeal before the appellate court and the same was rejected by the appellate court vide order dated 05.08.2021.

7. It is noted that as per section 2(a) of the Act of 2005, the definition of 'aggrieved person' is given and as per the definition itself, any woman including a foreign citizen who is subjected to domestic violence can maintain an application before the trial court under the Act of 2005. Section 2 (a) of the Act of 2005 reads as under:-

"2(a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent".

8. Not only this, section 12 of the Act of 2005 provides that even an aggrieved person can prefer an application through protection officer seeking the relief under the Act of 2005. For brevity, section 12 of the Act of 2005 is reproduced as under:-

"12. Application to Magistrate:- (1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act.

Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider".

9. The fact that the respondent No.2 is resident of Jodhpur for last about 25 years and aft