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DV Act: Magistrate Can Pass 'Residence Order' Even With Regard To Property Situated Outside State: J&K HC

Courtesy/By: Sakshi Shukla | 04 Feb 2019

The Jammu and Kashmir High Court has held that a Magistrate can pass 'Residence order' under Domestic Violence Act even with regard to property situated outside State. In this case, the wife filed an application under the provisions of J&K Protection of Women from Domestic Violence Act, 2010. The Magistrate ordered maintenance at Rs.20,000 per month and ordered sharing of the accommodation at Flat in Noida.

Before the High Court, the husband contended that the Magistrate had no territorial jurisdiction as parties lived at Udhampur and no violence as alleged in complaint have been committed at Udhampur. It was contended alleged violence had taken place outside the State of J&K, It was further contended that order of accommodation in shared house is situated at Noida is illegal as Magistrate has no power as it is situated outside territory of State and where provisions of Act are not applicable.

As regards the contention on 'territorial jurisdiction', the court observed that the wife, in this case, is residing with her parents at Udhampur, which is natural residence of victim after she was thrown out of her matrimonial house and thus the Magistrate court at Udhampur has jurisdiction over the matter.

Courtesy/By: Sakshi Shukla | 04 Feb 2019