Jurisdiction under the Domestic Violence Act is determined by the permanent residence of the aggrieved person rather than temporary stays.

ORAL JUDGMENT :-

1. This Criminal Revision Application filed under Section 397 of the Code of Criminal Procedure, challenges the impugned judgment and order dated 26 September 2023 passed by the Sessions Court, Satara in PWDV Criminal Appeal No.5 of 2023 and order dated 1 February 2023, passed below Exhibit - 18 in Criminal Miscellaneous Application No.481 of 2022, by J.M.F.C., Satara.

Facts :-

2. The Applicant (husband) and Respondent No.1 (wife) got married on 18 December 2014 at Satara. Respondent No.1 (wife) was earlier married, but since her first husband died, at the time of time of her second marriage, with the Applicant, she was a widow. There are no issues out of the present marriage. For sake of easy reference parties are referred as ‘husband’ and ‘wife’.

3. As there were disputes and differences between the husband and wife ; wife filed Criminal Miscellaneous Application No.481 of 2022 under the provisions of the Domestic Violence Act, 2005 (for short “D.V. Act”) under Sections 12, 18, 19, 20, 22 and 23 before J.M.F.C., Satara. In the said Application, it was pleaded that she was residing in Pune for the purpose of studying computer education at Pune, and she used to time and again go to Satara. It is further stated that the brother of the wife one Mr.Akshay Arun Patil, is residing at Satara, along with parents and he is taking care of monetary aspect as to education, medical expenses and day to day expenses of the Respondent / wife.

4. The husband appeared in the proceedings and thereafter filed an application below Exhibit -18 on 29 November 2022, before J.M.F.C., Satara seeking rejection of the complaint filed under D.V. Act on the ground of want of jurisdiction.

5. After the reply was filed to the application Exhibit - 18 by wife; J.M.F.C., Satara heard the parties and by his judgment and order dated 1 February 2023, rejected the application of the husband.

6. Being aggrieved by the order dated 1 February 2023, passed by J.M.F.C., Satara ; husband filed Criminal Appeal under Section 29 of the D.V. Act before the Sessions Court, Satara bearing PWDV Criminal Appeal No.5 of 2023. The Sessions Court, Satara, consequently after hearing the parties in PWDV Criminal Appeal No.5 of 2023, dismissed the appeal by its judgment and order dated 26 September 2023.

7. The present Criminal Revision Application is filed by the husband challenging both the judgment an order passed by J.M.F.C., Satara and Sessions Court, Satara.

Submissions :-

8. Mr.Kalpesh Patil on behalf of the husband made his submissions.

8 (i). Mr.Patil submitted that after the marriage between the parties, they started residing at Navi Mumbai till November 2016. Thereafter since the medical condition of the wife did not suit her to reside at Navi Mumbai, she shifted to Pune in a leave and license premises from November 2016. In the said leave and license agreement, the Licensee were both the husband and wife. Thereafter from March 2018 to January 2019, the wife again shifted back to the residence of husband at Sanpada, Navi Mumbai. In January 2019, wife again shifted back to Pune and started residing in the premises on the basis of leave and license agreement entered into by husband and wife as Licensee. The said leave and license agreement subsisted till 30 November 2022.

8 (ii). Mr.Patil submitted that except paragraph 34 of the D.V. Application, there is no submission as to how J.M.F.C., Satara has jurisdiction to try and entertain the D.V. Application.

8 (iii). Mr.Patil submitted that in fact the wife was residing at Pune, she has substantial interest at Pune since the flat of her earlier husband is also in the city of Pune. Admittedly, she is residing in leave and license premises at Pune