MANU/SC/0067/2020

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IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 141 of 2020 (Arising out of SLP (Crl.) No. 4979 of 2019)

Decided On: 22.01.2020

Appellants: Shyamlal Devda and Ors. Vs. Respondent: Parimala

Hon'ble Judges/Coram:
R. Banumathi, A.S. Bopanna and Hrishikesh Roy

JUDGMENT

R. Banumathi, J.

1. Leave granted.

2. This appeal arises out of the impugned judgment dated 18.02.2019 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No. 5959 of 2015 in and by which the High Court has dismissed the petition filed by the Appellants stating that the Metropolitan Magistrate, Bengaluru has the jurisdiction to entertain the complaint filed by the Respondent Under Sections 18, 19 and 20 of the Protection of Women from Domestic Violence Act, 2005 (For short "Domestic Violence Act").

3. Brief facts which led to filing of this appeal are as follows:

The marriage of Respondent-wife and Appellant No. 14-Manoj Kumar was solemnized on 01.05.2006, as per Hindu rites and customs in Rajasthan. After marriage, the Respondent was residing with Appellant No. 14 in her matrimonial house at Chennai along with Appellants No. 1 and 2 who are the parents of the Appellant No. 14. In April, 2014, Appellant No. 14 and Respondent-wife went to Bengaluru from Chennai to attend Respondent's sister wedding. After the said wedding, the Respondent expressed her desire to remain at Bengaluru for some time; which was acceded to by Appellant No. 14 with the understanding that the Respondent would stay in her parent's house for short time. According to the Appellants, the Respondent thereafter refused to join her matrimonial home or cohabit with Appellant No. 14. Appellant No. 14 filed O.P. No. 11355 of 2015 Under Section 9 of the Hindu Marriage Act for restitution of conjugal rights before the Family Court, Chennai. Thereafter, Respondent claiming herself to be a victim of domestic violence seeking protection order Under Section 18 and residence order Under Section 19 and monetary relief Under Section 20 of the Act filed Crl. Misc. No. 53 of 2015 before the Court of Metropolitan Magistrate at Bengaluru against her husband-Appellant No. 14, her in-laws-Appellant Nos. 1 and 2 and other relatives of her husband who are in Chennai, Rajasthan and also in Gujarat. The learned Magistrate, Bengaluru vide order dated 16.04.2015 issued notice to the Appellants by holding that the Court has the jurisdiction to entertain the petition filed by the Respondent Under Section 27 of the Domestic Violence Act.

4. Aggrieved by the issuance of summons in Crl. Misc. No. 53 of 2015, the Appellants have filed a petition Under Section 482 Code of Criminal Procedure before the High Court seeking ........