The Bombay High Court has ruled that a woman cannot file a domestic violence complaint in a location where she is merely visiting. Justice SK Shinde stated that allowing complaints to be filed at any place a woman visits could lead to misuse of the legal process, as an aggrieved person might choose any location where they are just a casual visitor.
This decision came during an appeal by a woman challenging a Bandra Metropolitan Magistrate’s order, which dismissed her domestic violence complaint.
The woman, who married in December 1993 in Hyderabad, claimed she was subjected to physical and mental abuse by her husband and son. She reported this abuse to the local police on September 4 of this year. After leaving her home around September 26-27, she traveled to Mumbai to meet her brother, who lives in the US, and stayed in a Bandra hotel.
In October, she filed two complaints with the Mumbai police, alleging she was being followed and monitored by her husband and son. On October 28, she also submitted a complaint to the magistrate, just 23 days after arriving in Mumbai.
The High Court noted that the woman had not taken any steps to protect herself or seek legal restraining from her husband since her marriage in 1993.
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