JUDGEMENT
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.;
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