The Bombay High Court has ruled that women cannot file domestic violence complaints in locations where they are merely visitors. Justice SK Shinde emphasized that allowing this would lead to misuse of the legal process, as a complainant could choose any place she briefly visits to initiate a case.
Details of the Case
The Court was hearing an appeal filed by a woman against the dismissal of her domestic violence complaint by the Metropolitan Magistrate in Bandra.
The woman, who married in Hyderabad in December 1993, alleged that she had suffered physical and mental abuse from her husband and son. She claimed to have reported the abuse to local police in Hyderabad on September 4, 2023. She left her marital home later that month and traveled to Mumbai to meet her brother, who lives in the United States.
While staying at a hotel in Bandra, she filed two police complaints in October, alleging that her husband and son were following her and monitoring her movements. On October 28, just 23 days after arriving in Mumbai, she filed a complaint under the Domestic Violence Act with the magistrate.
Court’s Observations
The Bombay High Court observed that the woman had taken no prior legal steps to protect herself or her property since her marriage in 1993. Justice Shinde noted that filing such complaints in a location where the complainant is only visiting could lead to abuse of the judicial process.
Conclusion
The ruling underlines the importance of jurisdiction in domestic violence cases. While it seeks to prevent misuse of legal provisions, it also stresses the need for complainants to file cases in relevant jurisdictions.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
