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1 - 9 of 9 (0.21 seconds)The Protection of Women from Domestic Violence Act, 2005
Section 1 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
Mahendra Prasad Mehta vs The State Of Bihar on 9 April, 2019
8. Learned Advocate for the complainant submitted
that the decision in the case of Rupali Devi Vs. State of Uttar
Pradesh (supra) is applicable to the facts of the case and
therefore, learned Magistrate was right in relying upon the
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same.
Section 12 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
Section 498A in The Indian Penal Code, 1860 [Entire Act]
Hima Chugh vs Pritam Ashok Sadaphule & Ors. on 10 April, 2013
In
the case of Hima Chugh Vs. Pritam Ashok Sadaphule
(supra), the facts were identical to the facts of the case in
hand. The wife was permanent resident of U.K. She was
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subjected to domestic violence in U.K. She came to India
and started living with her parents at Delhi. She filed an
application under the D.V. Act in the Court of Metropolitan
Magistrate, Delhi. The Metropolitan Magistrate Delhi held
that since the complainant was subjected to domestic
violence on the soil of U.K, he will have no jurisdiction to
entertain the complaint. Delhi High Court in this case has
held that in view of the provisions of Section 27 of the D.V.
Act, the Metropolitan Magistrate will have the jurisdiction to
entertain the complaint inasmuch as the complainant had
started permanently residing with her parents at Delhi.
Mohammad Zuber Farooqi vs The State Of Maharashtra And Anr on 25 September, 2019
In the case of Mohammad Zuber Farooqi Vs. State
of Maharashtra and another (supra) the facts are somewhat
similar. The complainant(wife) and the husband resided in
USA. She was subjected to domestic violence in USA. She
came to India and started residing at Meerut. She shifted to
Mumbai. In Mumbai, she filed complaint under Section 12
of the D.V. Act. The jurisdiction of the Metropolitan
Magistrate Court at Mumbai was challenged before the High
Court in a petition arising out of the maintenance order.
Section 179 in The Code of Criminal Procedure, 1973 [Entire Act]
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