Holding that a victim of domestic violence can approach any court in the country for relief, a city court has come to the rescue of a woman who was thrown out by her husband from their home in Ghaziabad.
Metropolitan Magistrate Kiran Gupta also restored the wife, Sarita's, living rights at her shared matrimonial home and directed her husband, Sunil (names changed) to pay Rs 20,000 as monthly maintenance to the victim.
The court also ordered the local SHO to assist the complainant and enable her to enter her shared household. The SHO has been directed to ensure no act of domestic violence is repeated against her. The judge also restrained Sarita's in-laws from selling or creating any third party interest in the property, without prior permission of the court.
Magistrate Gupta also upheld complainant counsel Vijay Aggarwal’s argument that a wife had the right to reside in a shared household while she was living in a joint family.
The court upheld the woman's right to file a complaint under the Protection of Women from Domestic Violence Act even though she was residing at a temporary address in North West Delhi at the time of approaching court. The woman's parents reside in East Delhi, while she started living with her maternal uncle in Prashant Vihar after facing cruelty and constant dowry demands from her in-laws. Sarita preferred to move a special court in Rohini for redressal.
Citing Section 27(1)(a) of the Act, the judge noted that the special law empowered the victims of domestic violence to approach any court even if the alleged crime did not take place within its jurisdiction.
According to Section 27(1)(a) of the Act, a complaint can be filed before the Magistrate exercising jurisdiction in the area where the aggrieved person resides temporarily or otherwise, or the respondent resides or the domestic violence is alleged to have take place.