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RAJNESH OSWAL
Sweety Rashid – Appellant
Versus
Bilal Ahmad Ganie – Respondent
JUDGEMENT
1. The petitioners through the medium of present petition under Article 227 of the Constitution of India have impugned the order dated 30.09.2023 passed by the learned Additional Sessions Judge, Budgam (hereinafter referred to as "the Appellate Court") whereby the order dated 20.05.2022 passed by the Court of learned Chief Judicial Magistrate, Budgam (hereinafter referred to as "the Trial court") dismissing the application filed by the petitioners under section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter for short referred to as "the DV Act") on account of lack of territorial jurisdiction, has been upheld.
2. The orders dated 30.09.2023 passed by the Appellate Court and 20.05.2022 passed by the Trial court have been impugned by the petitioners on the ground that the learned Appellate Court has ignored the intent and object behind the DV Act and has without any need and justification subjected the evidence of the petitioners to hair-splitting analysis as if the learned Appellate Court was conducting a murder trial. It is stated that the learned Appellate Court has discussed the concepts of license and lease and also thoroughly analysed the tit
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.
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.
(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 court emphasized the limited scope of interference under Article 227 and the need for supervisory correction in exercising jurisdiction.
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.
The main legal point established in the judgment is that the existence of an alternative statutory remedy of appeal under sec. 29 of the DV Act, 2005 precludes the exercise of writ jurisdiction, and ....
(1) Relief sought for under Chapter IV of D.V. Act is not in nature of a formal accusation like in a criminal case and person against whom such a relief is sought for, is not an accused before Magist....
(1) Relief sought for under Chapter IV of D.V. Act is not in nature of a formal accusation like in a criminal case and person against whom such a relief is sought for, is not an accused before Magist....
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