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2018 Supreme(All) 1536

IN THE HIGH COURT OF ALLAHABAD
RAJEEV MISRA, J.
Zeba Khan and Others - Revisionists
Versus
State of U.P. and Another - Respondents
Criminal Revision No. 3056 of 2017
Decided On : 14-11-2018

Advocates Appeared:
For the Revisionists : Dharmendra Singhal and Vikrant Gupta.
For the Respondents: G.A., S.M. Nazar Bokhari, Syed Ashraf Ali and Waris.

Headnote:Protection of Women from Domestic Violence Act, 2005 – Sections 12, 27 – Complaint under Sections 19, 20, 21, 22, 23 of Act of 2005 – Jurisdiction – Issue regarding territorial jurisdiction of court to try a complaint is a mixed question of law and fact – No material was filed by opposite party before appellate court on basis of which it could be presumed that petition filed at R by revisionists on non-existent facts – Petition at R maintainable.

       Revision Allowed.

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JUDGMENT :

RAJEEV MISRA, J.

1. The present criminal revision is directed against the judgment and order dated 18th August, 2017 passed by the Additional Sessions Judge, Fast Track, Court No.1, Rampur in Criminal Appeal No. 17 of 2017 (Zakawat-ullah Khan vs. State of U.P. & Others), whereby the aforesaid criminal appeal preferred by the opposite party no.2 herein, has been allowed and the order dated 16th March, 2017 passed by the Additional Chief Judicial Magistrate, Rampur in Complaint Case No. 246 of 2016 (Zeba Khan & Others vs. Zakawat-ullah Khan), rejecting the preliminary objections filed by the opposite party no.2 disputing the jurisdiction of the Court at Rampur to try the complaint case filed by the revisionists has been set aside.

2. I have heard Mr. Dharmendra Singhal, the learned counsel for the revisionists, the learned A.G.A. for the State and Mr. Syed Ali Warsi, the learned counsel for the opposite party no.2.

3. From the perusal of the complaint filed by the revisionists, which is on the record as Annexure-1 to the affidavit, it is gathered that the marriage of the revisionist no.1 Zeba Khan was solemnized with the opposite party no.2 Zakawat-ullah Khan on 25th February, 1998 in accordance with the Muslim Rites and Customs. After marriage, the revisionist no.1 came to her marital home, which is a shared household at Aligarh. From the wedlock and co-habitation of the revisionist no.1 and the opposite party no.2, two daughters, namely, Zuba Khan and Johareen Khan were born on 13th November, 2000 and 16th October, 2007 respectively. The parties lived together in the shared household at Aligarh. Subsequently, the opposite party no.2 was employed abroad and, therefore, the revisionist no.1 along with her two daughters, who are the revisionist nos. 2 and 3 herein started residing with the opposite party no.2 in the United Arab Emirates. It has come on record that after a fairly long stay abroad, the parties returned to India and started residing in the shared household at Aligarh.

4. However, since beginning the relationship between the revisionist no.1 i.e. the wife and the opposite no.2 i.e. the husband were not cordial and smooth. As such, they were not leading a happy married life. With the passage of time, the relationship rather became incompatible. It got filled with venom of hatred and ill-will for the lust of dowry on the part of the opposite party no.2. The wife/revisionist no.1 was ill-treated and rather tortured for the demand of dowry by the opposite party no.2. The revisionist no.1 being an educated and sensitive lady, as she had been brought up in an academic atmosphere, ignored all the aspersions cast upon her and the atrocities committed upon her. She faced all the humiliation and cruelty perpetrated upon her by the opposite party no.2. Sacrificing her liberty and dignity at the alter of marriage, and in hope and trust that one day things will get better she continued to suffer the unbearable pain and agony forced upon her by the opposite party no.2. With the passage of time, things became unbearable. Ultimately the wife i.e. the revisionist no.1 along with her two daughters, who are the revisionist nos. 2 and 3 shifted at a rented place in Aligarh. Here also, her life was not at peace and she continued to be harassed by the opposite party no.2 resulting in several incidents of domestic violence. Though the revisionist no.1 along with her two daughters departed from the shared household in the hope that her life along with two daughters will be peaceful, her troubles were still not over. She was continuously tortured mentally and vocally by the opposite party no.2. At this stage, destiny also appears to have betrayed her when her real uncle died on 26th July, 2016 at Rampur. To lend support to the bereaved family, she along with her two daughters shifted to Rampur, where her uncle resided.

5. Being totally at her wits end and also faced with despair and destitution, she for the survival of her own self and








































































































































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