Judgment Analysis : Shyamlal Devda vs Parimala on 22 January, 2020 - Quash of DV case in Supreme Court

 Can DV case be filed outside the jurisdiction where husband and wife stays? This question reached SC.

Case Type: quash of DV case

Case - Partial Success

Petitioner argument: Neither the marriage of the parties was solemnized at Bengaluru nor the matrimonial house was at Bengaluru and therefore, the Magistrate Court at Bengaluru has no jurisdiction to entertain the petition filed under the Domestic Violence Act. Learned counsel submitted that vague allegations have been levelled against the family members of the husband- appellant No.14 which are not at all substantiated. Learned counsel further submitted that with a view to harass the family members of her husband, the respondent has arraigned all the family members of her husband including those who are residents in the State of Rajasthan, Gujarat and other relatives in Chennai and the complaint is an abuse of the process of the Court

Previously it was appealed in Bengaluru HC and HC refused to quash on the ground that various allegations are made at different locations against other relatives, so it cannot be quashed.

Further, as the respondent is staying in Bengaluru, court has jurisdiction according to Section 27 of the DV act. 

Ratio:

"There are no specific allegations as to how other relatives of appellant No.14 have caused the acts of domestic violence. It is also not known as to how other relatives who are residents of Gujarat and Rajasthan can be held responsible for award of monetary relief to the respondent. The High Court was not right in saying that there was prima facie case against the other appellants No.3 to 13. Since there
are no specific allegations against appellants No.3 to 13, the criminal case of domestic violence
against them cannot be continued and is liable to be quashed"

So, SC quashed case against all relatives other than husband and parents-in-law.

Full Judgment Link

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