The main legal point established is that the purpose of The Protection of Women from Domestic Violence Act, 2005 is to protect the rights of women and victims of domestic violence, leading to a liberal interpretation of Section 27 in favor of the victims.

1. The petitioner is the first respondent in C.M.P.No.172 of 2012 on the file of the learned Judicial Magistrate, Kallakurichi. The first respondent herein is the complainant and the second respondent herein is the second respondent before the lower Court as well.

2. The first respondent has filed the said petition under the provisions of The Protection of Women from Domestic Violence Act, 2005, seeking maintenance, share in the household and other reliefs as provided in Section 18 of the said Act. Seeking to quash the said proceedings, the petitioner has come up with this criminal original petition.

3. In this petition, the only ground raised by the learned counsel appearing for the petitioner is that the learned Judicial Magistrate, Kallakurichi has no territorial jurisdiction to entertain the said petition. According to the petitioner, the marriage between the petitioner and the first respondent was solemnized on 22.04.1984 in Mumbai. After the said wedlock, they lived together as husband and wife in Mumbai and five children were also born to them in Mumbai. Thus, according to the petitioner, they lived as husband and wife at Mumbai for about 27 years. Unfortunately, difference of opinion between the petitioner and the first respondent arose on account of the love marriage of their daughter, which was against their wish. Thereafter, in the year 2008, the first respondent left her matrimonial home.

4. Thus, according to the petitioner, the entire cause of action for the petition arose only in Mumbai and therefore, a Magistrate Court in Maharashtra State alone has got jurisdiction to entertain the petition. In other words, there is no cause of action within the jurisdiction of the learned Judicial Magistrate, Kallakurichi. Thus, the said Court has got no territorial jurisdiction and therefore the proceeding, is wholly without jurisdiction, he contended.

5. But the learned counsel appearing for the first respondent would firmly oppose this petition. According to him, though it is true that the marriage was held in Mumbai, the matrimonial life was in Mumbai and all the children were born in Mumbai, however, the first respondent has now returned to Saraswathi Nagar, Thirukovilur Road, Thyagadurgam, where she has been living permanently with her sister under her care and custody. The learned counsel would further contend that as per Section 27 of the Protection of Women from Domestic Violence Act, 2005 the learned Judicial Magistrate, Kallakurichi has got territorial jurisdiction to entertain the complaint.

6. I have considered the above submissions and I have perused the records carefully.

7. Before going into the facts of the case, let me first refer to Section 27 of the Act, which reads as follows:

"27. Jurisdiction:- (1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which-

(a) The person aggrieved permanently or temporarily resides or carries on business or is employed; or

(b) The respondent resides or carries on business or is employed; or

(c) The cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.

(2) Any order made under this Act shall be enforceable throughout India."

A close reading of the above provision would make it abundantly clear that for filing a petition seeking protection orders, it is not necessary that there should have arisen a cause of action or atleast a part of cause of action, within the territorial jurisdiction of the Judicial Magistrate concerned. It is enough if the aggrieved person permanently or temporarily resides or carries on business or is employed within the local limits of the said Judicial Magistrate. In this case, according to the first respondent, she temporarily resides in Saraswathi Nagar, Thirukovilur Road, Thyagadurgam, which falls within the jurisdiction of the learned Judicial Magistr