In the world of law, territorial jurisdiction plays a vital role. It’s like the map guiding where legal disputes can be resolved. It’s the foundation on which the entire case stands. So, before you start any legal proceedings under the Protection of Women from Domestic Violence Act, 2005, it’s crucial to grasp the ins and outs of territorial jurisdiction. This blog however only covers the interpretation of the word “Temporarily Resides”
Section 27 of DV Act, 2005
In short, Section 27 of the Domestic Violence Act, 2005, deals with the jurisdiction of courts to entertain complaints under the Act. It allows the victim to file a complaint in a court that has jurisdiction over the area where the aggrieved person resides or where the act of domestic violence occurred.
Temporarily Resides?
While a superficial interpretation might suggest that an aggrieved person can file a complaint from any location where they temporarily reside, the actual interpretation of this section is quite a bit different.
In common parlance, a temporary residence could be a hotel room, or a lodge or a relative’s place but the judicial interpretation of the word “Temporarily Resides” has been restricted to exclude “Fleeing Residence”. Per se If you’re only residing at a certain jurisdiction on a casual visit and only for the purpose of invoking the territorial jurisdiction then it becomes a “Fleeing Residence” as you have no other motive to reside there. In such cases, your complaint under the DV Act may not be maintainable.
Passionate about using the law to make a difference in people’s lives. An Advocate by profession.
