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Afia Rasheed Khan vs Mazharuddin Ali Khan on 10 October, 2022

Bench: Ajay Rastogi, C.T. Ravikumar

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     ITEM NO.43                            COURT NO.8                 SECTION II-A

                                  S U P R E M E C O U R T O F     I N D I A
                                          RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                 No(s).    1129/2022

     (Arising out of impugned final judgment and order dated 03-12-2021
     in WP No. 4184/2021 passed by the High Court Of Judicature At
     Bombay)

     AFIA RASHEED KHAN                                                 Petitioner(s)

                                                   VERSUS

     MAZHARUDDIN ALI KHAN & ANR.                                       Respondent(s)

     (MEDIATION REPORT RECEIVED.
      IA No. 19072/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT, IA No. 24110/2022 - PERMISSION TO FILE ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES)

     Date : 10-10-2022 This matter was called on for hearing today.

     CORAM :                HON'BLE MR. JUSTICE AJAY RASTOGI
                            HON'BLE MR. JUSTICE C.T. RAVIKUMAR


     For Petitioner(s)                Mr. Rizwan Merchant, Adv.
                                      Mr. S. Hariharan, Adv.
                                      Ms. Jaikriti S. Jadeja, AOR

     For Respondent(s)
                                      Mr. Manoj C. Mishra, AOR


                             UPON hearing the counsel the Court made the following
                                                O R D E R

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 Signature Not Verified of the Protection of Women from Domestic Violence Act (‘DV ACt’) Digitally signed by NEETA SAPRA Date: 2022.10.12 16:55:45 IST Reason: 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 on 27.09.2021 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. Pending application(s), if any, stands disposed of accordingly.

 (BEENA JOLLY)                                            (ASHWANI KUMAR)
COURT MASTER (NSH)                                   ASTT. REGISTRAR-cum-PS