High Court rules application under Section 482 Cr.P.C. is maintainable, sets aside appellate court's order on territorial jurisdiction.
In a significant ruling, the Calcutta High Court has set aside an appellate court's decision, affirming the jurisdiction of the 11th Metropolitan Magistrate Court in Calcutta to hear a domestic violence case filed by Rani Bibi against her husband, SK. Nurullah. The case, originating under Section 12 of the Protection of Women from Domestic Violence Act, 2005, was initially dismissed by the appellate court due to alleged territorial jurisdiction issues.
Justice Dr. Ajoy Kumar Mukherjee presided over the case, where the petitioner, Rani Bibi, claimed to have taken refuge in a rented accommodation within the Taltala Police Station area after being driven out of her matrimonial home. The appellate court had directed the return of her application for presentation before the appropriate forum, asserting that she was a resident of Medinipur District.
The High Court, however, ruled that the application under Section 482 of the Criminal Procedure Code (Cr.P.C.) is maintainable to secure justice and prevent the abuse of legal processes. The Court emphasized that the inherent powers of the High Court could be invoked even in civil proceedings under the Domestic Violence Act to ensure justice.
The Court also highlighted that the concept of "temporary residence" under Section 27 of the Domestic Violence Act includes a place where the aggrieved person has taken shelter due to domestic violence, reinforcing that the jurisdiction can be claimed at such a location.
Furthermore, the Court acknowledged the continuous nature of "economic abuse" as a cause of action under the Domestic Violence Act, which can support jurisdiction claims based on ongoing deprivation of financial resources.
The High Court's decision reinstates the order of the 11th Metropolitan Magistrate Court, allowing the case to proceed under its jurisdiction, thereby granting Rani Bibi the opportunity to seek relief as per her application.
Bottom Line:
Domestic Violence Act, 2005 - Application under Section 482 Cr.P.C. is maintainable against an appellate court's order directing the return of an application under Section 12 of the DV Act for presentation before an appropriate forum on the ground of territorial jurisdiction.
Statutory provision(s): Section 482 Cr.P.C., Section 12 of the Protection of Women from Domestic Violence Act, 2005, Section 27 of the Domestic Violence Act, 2005.
Rani Bibi v. SK. Nurullah, (Calcutta) : Law Finder Doc id # 2855160
