Justice Shiv Narayan Dhingra ji has passed this Order around the definition of a Temporary residence as held by the Section 27 of the PWDV Act 2005.
9. All legislative enactments on matrimonial disputes or custody matters make ordinary residence or residence or the place where parties lived together or the place of cause of action as a ground for invocation of jurisdiction of the Court. Domestic Violence Act is the first Act where a temporary residence of the aggrieved person has also been made a ground for invoking the jurisdiction of court. The expression “residence‟ means
“to make abode‟ – a place for dwelling. Normally place for dwelling is made with an intention to live there for considerable time or to settle there. It is a place where a person has a home. In Webster Dictionary, the residence means to dwell for length of time. The words „dwelling place‟ or abode are synonyms. A temporary residence, therefore, must be a temporary dwelling place of the person who has for the time being decided to make the place as his home. Although he may not have decided to reside there permanently or for a considerable length of time but for the time being, this must be place of her residence and this cannot be considered a place where the person has gone on a casual visit, or a fleeing visit for change of climate or simply for the purpose of filing a case against another person.
10. I, therefore, consider that the temporary residence, as envisaged under the Act is such residence where an aggrieved person is compelled to take shelter or compelled to take job or do some business, in view of domestic violence perpetuated on her or she either been turned out of the matrimonial home or has to leave the matrimonial home. This temporary residence does not include residence in a lodge or hostel or an inn or residence at a place only for the purpose of filing a domestic violence case. This temporary residence must also be a continuing residence from the date of acquiring residence till the application under Section 12 is disposed of and it must not be a fleeing residence where a woman comes only for the purpose of contesting the case and otherwise does not reside there.
11. In the present case, the aggrieved person is residing with her sister and has filed the petition under Domestic Violence Act. It cannot be said that her residence with her sister was a fleeing residence or was a temporary residence acquired for lodging the complaint of domestic violence. Her sister‟s house is a place where she has taken shelter and temporarily resides. I, therefore, find that there is no force in this petition. The petition is hereby dismissed with no orders to costs.
Citations: [2010:DHC:4306], [2010 9 Laws(DLH) 9]
Other Sources:
https://indiankanoon.org/doc/106302060/
https://www.casemine.com/judgement/in/56090d56e4b014971117976a
Index of Domestic Violence Judgments is here.
