‘Victim can’t file cases from different addresses’
A Delhi court has said that a victim of domestic violence could not file random cases from different residential addresses. HT reports.delhi Updated: May 29, 2011 01:22 IST
A Delhi court has said that a victim of domestic violence could not file random cases from different residential addresses.
The court observed that the address of commission of an offence could not arbitrarily be altered as per the convenience of the complainant. “A temporary or short visit is not sufficient to confer jurisdiction on the court,” said additional sessions judge AK Chawla.
Laviral (name changed) got married to Sunita (name changed) and the couple started residing at Kirti Nagar in west Delhi. After few months of peaceful dwelling, the couple got separated.
Later, Sunita filed a series of domestic violence cases from different residential addresses like: Mansarovar Garden, Timarpur and also from Kirti Nagar.
Vijay Aggarwal counsel for Laviral filed a revision petition stating that the metropolitan magistrate of the area concerned did not verify the residential address on the petition filed by Sunita under various sections of Domestic Violence Act.
“She stated fictitious addresses and filed a slew of cases against her husband. The magistrate refused to seek documents of proof of the authenticity of her place of residence despite our opposition,” said Laviral’s counsel in court.
Rapping the metropolitan magistrate’s observations, the session’s judge said,” The subject does not disclose any reason for the decision and made known to this court, as to what weighed the mind of metropolitan magistrate in coming to conclusion that the documents (residential proof) sought were not at all relevant for deciding the controversy.”
Quashing the metropolitan magistrate’s order, the court said that the impugned order is certainly non-speaking and could not be sustained on the aspects of jurisdiction and the disposal of the complaint filed.