The court ruled that domestic violence proceedings can be pursued despite separation if the aggrieved party alleges domestic violence, affirming that jurisdiction under the Domestic Violence Act is valid when allegations are made.

ORDER :

SUREPALLI NANDA, J.

Heard Sri B.Shyam Sundar Rao, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Women and Child Welfare appearing on behalf of respondent Nos.1 and 2 and Smt. J.Seetha, learned counsel for respondent No.3.

2. The petitioner approached the court seeking prayer as under :

“…to issue a Writ, order or direction more in the nature of Writ of Certiorari quashing the proceedings in the DVC No.131/2022 on the file of Spl. Judicial 1^st Class Magistrate (Excise)-cum-Vth Addl MM Court, R.R. District at L.B.Nagar declaring the same to be without jurisdiction and illegal and the proceedings of the 2^nd respondent forwarding the complaint of the 3^rd respondent without any application of mind as being illegal and mechanical and declare the same to be illegal and pass such other order...”

3. The case of the petitioner as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present writ petition in brief, is as under:

(i) It is the case of the petitioner that, the 3^rd respondent herein was married to the petitioner in the year 1995 where by the 3^rd respondent had converted her religion into Muslim and the marriage was performed as per the rituals of Muslim religion. However, both the petitioner and the 3^rd respondent had been living apart since 2016. Moreover, the 3^rd respondent had been causing mental agony and harassing the petitioner herein by filing various cases against the petitioner.

(ii) While things stood thus, the 3^rd respondent had submitted a complaint dated 01.11.2022 against the petitioner alleging that the petitioner had been inflicting domestic violence on the 3^rd respondent. The said complaint was filed before the 2^nd respondent and the 2^nd respondent had registered a Domestic Incident report and forwarded the same to the Spl. Judicial 1^st Class Magistrate (Excise)-cum- Vth Addl. MM Court R.R District vide DVC No. 131/2022. However, the said domestic violence case is illegal.

(iii) It is the specific case of the petitioner that, since the petitioner and 3^rd respondent had been living apart since 2016, the question of domestic violence does not arise. Therefore, the said domestic violence case is illegal and same must be quashed. Therefore, aggrieved by the said DVC No. 131/2022, the present Writ Petition is filed.

4. PERUSED THE RECORD.

5. The interim order dated 12.02.2024 passed in W.P.No.2864 of 2024, in favour of the petitioner which is in force as on date are extracted hereunder:

“ Notice before admission.

Learned counsel for the petitioner is permitted to take out personal notice on the respondent No.3 through Registered Post with Acknowledgment Due and file proof of service in the Registry by the next date of hearing.

List on 14.03.2024.

There shall be interim stay as prayed for.”

6. The counter affidavit filed on behalf of the 3rd respondent, in particular, paragraph Nos.4 and 10 are extracted hereunder:

“4. In reply to Para Nos.4 to 8, under reply, I submit that the petitioner is making false and baseless allegations against me in the said paras. In fact, the petitioner started disturbing my professional life by interfering with the functioning of the schools and other institutions. The petitioner started sending legal notices to me by different ways with all false and baseless allegations by alleging that I am misusing the society funds and I am misguiding the charted accountant, etc., the entire allegations made against me are false, but with a malafide intention to harass me mentally making such allegations aga