The Apex Court held that there is no cause of action arising at Mumbai for a DV case, due to casual visits and such trips do not qualify as ‘temporarily residing’.
Afia Rasheed Khan Vs Mazharuddin Ali Khan and Anr on 10 Oct 2022
The present petition has been filed at the instance of the petitioner/complainant assailing the order passed by the High Court affirming the view expressed by the trial Court holding that the complaint filed at the instance of the petitioner under Section 12 of the Protection of Women from Domestic Violence Act (‘DV Act’) instituted before the competent court at Mumbai lacks territorial jurisdiction.
It is an admitted fact which has come on record that from the date of their marriage which was solemnized, i.e. 26.09.1993, the petitioner was residing in Hyderabad along with the other family members including the respondent (husband) and her children. She came to Mumbai for the first time leaving her matrimonial home on27.09.2021 and complaint under Section 12 of DV Act came to be filed at her instance before the Court of learned Magistrate, Bandra on 20.10.2021 that came to be dismissed by the learned trial Judge because of lack of territorial jurisdiction.
After we have heard learned counsel for the parties and taking into consideration the facts on record, find that no error has been committed by the High Court under the impugned judgment.
The Special Leave Petition is accordingly dismissed.
The Bombay High Court Order is given below:Afia Rasheed Khan Vs Mazharuddin Ali Khan and Anr on 03 Dec 2021
Index of DV cases is here.