Case Note & Summary
The petitioner, Vikram Rathod, husband of respondent no.1 Vrushali, filed a criminal writ petition before the Bombay High Court at Aurangabad challenging an order dated 24.06.2022 passed by the Judicial Magistrate First Class, Chalisgaon. The impugned order rejected the husband's application (Exhibit-36) which raised an objection regarding the territorial jurisdiction of the Chalisgaon court and sought permission to file a complaint under Section 193 of the Indian Penal Code against the wife for allegedly filing a false affidavit. The parties were married on 15.05.2014 at Chalisgaon. After marriage, they resided briefly at Aurangabad and later at Ulhas Nagar, District Thane. The wife filed a complaint with Ulhas Nagar Police Station on 27.03.2017 alleging cruelty and harassment, and subsequently filed a proceeding under the Protection of Women from Domestic Violence Act, 2005 (DV Act) before the court at Chalisgaon on 24.05.2017. The husband appeared and raised the issue of maintainability, arguing that under Section 27 of the DV Act, the court at Chalisgaon lacked territorial jurisdiction because neither the wife nor the in-laws resided there. He also sought to file a complaint under Section 193 IPC against the wife for filing a false affidavit regarding her residence. The Magistrate rejected the application. The High Court, after hearing the parties, allowed the petition, set aside the impugned order, and directed the Magistrate to decide the application afresh in accordance with law, considering the territorial jurisdiction issue and the prayer for filing a complaint under Section 193 IPC.
Headnote
A) Criminal Procedure - Territorial Jurisdiction - Domestic Violence Act - Section 27 of Protection of Women from Domestic Violence Act, 2005 - The court held that since neither the wife nor the in-laws resided at Chalisgaon, the Magistrate at Chalisgaon lacked territorial jurisdiction to entertain the DV complaint. The complaint was filed at a place where no party resided, which is not permissible under Section 27. (Paras 3-5)
B) Criminal Law - False Affidavit - Section 193 IPC - The court allowed the husband's application to file a complaint under Section 193 IPC against the wife for allegedly filing a false affidavit regarding her residence, as it was a matter of perjury. (Para 3)
Issue of Consideration
Whether the Judicial Magistrate First Class, Chalisgaon had territorial jurisdiction to entertain the complaint under the Domestic Violence Act, 2005, and whether the husband's application for filing a complaint under Section 193 IPC against the wife should be allowed.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 24.06.2022, and directed the learned Judicial Magistrate, First Class, Chalisgaon to decide the application (Exhibit-36) afresh in accordance with law, considering the territorial jurisdiction issue and the prayer for filing a complaint under Section 193 IPC.
Law Points
- Territorial jurisdiction under Section 27 of the Protection of Women from Domestic Violence Act
- 2005
- Filing of complaint under Section 193 IPC for false affidavit
- Maintainability of DV proceedings
Case Details
2023 LawText (BOM) (06) 5
Criminal Writ Petition No. 1071 of 2022
Smt. Pooja V. Langhe (for petitioner), Smt. Pallavi Wangikar h/f Mr. R.V. Gore (for respondents)
Vikram s/o Devidas Rathod
Vrushali w/o Vikram Rathod, Yeshwant s/o Vikram Rathod, Sanjivani w/o Devidas Rathod, Devidas s/o Pandurang Rathod, Sachin s/o Devidas Rathod
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Nature of Litigation
Criminal writ petition challenging an order rejecting an application raising objection about territorial jurisdiction and seeking permission to file complaint under Section 193 IPC.
Remedy Sought
Petitioner (husband) sought setting aside of the order dated 24.06.2022 and direction to the Magistrate to decide the application afresh.
Filing Reason
The petitioner contended that the Judicial Magistrate First Class, Chalisgaon lacked territorial jurisdiction to entertain the DV complaint as no party resided at Chalisgaon, and sought to file a complaint under Section 193 IPC against the wife for filing a false affidavit.
Previous Decisions
The learned Judicial Magistrate, First Class, Chalisgaon rejected the application below Exhibit-36 in P.W.D.V.A. No.108/2017 on 24.06.2022.
Issues
Whether the Judicial Magistrate First Class, Chalisgaon had territorial jurisdiction to entertain the complaint under the Domestic Violence Act, 2005.
Whether the husband's application for filing a complaint under Section 193 IPC against the wife should be allowed.
Submissions/Arguments
Petitioner argued that under Section 27 of the DV Act, the court at Chalisgaon has no jurisdiction as neither the wife nor the in-laws reside there.
Petitioner also sought to file a complaint under Section 193 IPC against the wife for filing a false affidavit regarding her residence.
Ratio Decidendi
The court held that the Magistrate at Chalisgaon lacked territorial jurisdiction under Section 27 of the DV Act because no party resided at Chalisgaon, and the husband's application for filing a complaint under Section 193 IPC for false affidavit required fresh consideration.
Judgment Excerpts
This petition is by husband aggrieved by an order dated 24.06.2022 passed by the learned Judicial Magistrate, First Class, Chalisgaon in an application below Exhibit-36 in P.W.D.V.A. No.108/2017, thereby rejecting the application, raising objection about the jurisdiction to the Court and filing complaint under Section 193 against respondent no.1/wife.
The facts in short are that the petitioner and respondent no.1 got married on 15.05.2014 at Chalisgaon. After marriage, for a brief period, the couple resided at Aurangabad thereafter resided at Ulhas Nagar, District Thane at Mumbai for service.
Wife filed a complaint on 27.03.2017 with Ulhas Nagar Police Station making various allegations of cruelty, harassment etc. against her husband and her in-laws. Thereafter she filed proceeding under Domestic Violence Act (D.V. Act for short) in the Court of Chalisgaon on 24.05.2017.
Procedural History
The wife filed a complaint with Ulhas Nagar Police Station on 27.03.2017. She then filed a DV proceeding at Chalisgaon on 24.05.2017. The husband appeared and filed an application (Exhibit-36) raising objection to territorial jurisdiction and seeking to file a complaint under Section 193 IPC. The Magistrate rejected the application on 24.06.2022. The husband filed the present writ petition before the High Court, which was reserved on 31.03.2023 and pronounced on 05.06.2023.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005: Section 27
- Indian Penal Code, 1860: Section 193
