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TMI Blog2010 (9) TMI 1294X X X X Extracts X X X X X X X X Extracts X X X X ..... mplaint under Section 12 of The Protection of Women from Domestic Violence Act, 2005 (in short, the Act ). 2. The contention raised by the learned Counsel for the petitioner before the court of Magistrate and before the court of learned ASJ was that the marriage between the parties was solemnized in Lucknow on 22nd February 2004. Before marriage, the complainant/respondent was living in Lucknow at her parental house and was doing Ph.D. research work in Lucknow under supervision of Mr. R.C. Tripathi. After marriage, the respondent/wife remained at Lucknow, occasionally, she went to Shillong where petitioner i.e. husband of the complainant wife/was posted. The incident of domestic violence, if any, had taken place in Lucknow and nothing h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Delhi nor the wife ever, before filing the petition lived at Delhi nor the parents of the wife were living in Delhi nor the parties lived together at Delhi. It is submitted that this Court should clarify the position. 5. Section 27 of the Domestic Violence Act, which is about jurisdiction reads as under: 27. Jurisdiction.- (1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which- (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the competent court to grant a protecti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person and providing of medical facilities to her. Section 9 is about the duties and functions of protection officer. Section 9(b) again provides for preparation of domestic incident report by protection officer and submitting it to the Magistrate, upon receipt of a complaint of domestic violence, and forwarding the copies of this report to the incharge police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area. It is apparent that the protection officer's duties envisage preparation of a report of incident of domestic violence at the place of violence and sending copies to police station incharge and service provider so that the victim of d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt. Section 13 provides that a notice of date of hearing fixed under Section 12 shall be given by the Magistrate to the protection officer who shall get it served by such means as may be prescribed, on the respondent and on any other person within a maximum period of two days or such further reasonable time as may be allowed. Section 14 provides that the Magistrate at such stage of the proceedings, direct the respondent and the aggrieved person either singly or jointly to undergo counseling with any member of a service provider who possess such qualifications and experience in counseling as may be prescribed. Section 18 provides that a Magistrate, after hearing the aggrieved person and the respondent, on being prima facie satisfied about do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ggrieved person on the basis of temporary residence. It seems that this provision has been made for such aggrieved person who has lost her family residence and is compelled to take residence, though temporarily, either with one of her relatives or with one of her friends at a place where the domestic violence was not committed or her matrimonial home was not there. Such a woman can invoke jurisdiction of the court where she is compelled to reside in view of commission of domestic violence, this temporary residence must be one which an aggrieved person takes under the circumstances of domestic violence. It may also be there that after domestic violence; an employed aggrieved person decides to take job at some other place and has to shift her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther or the place of cause of action as a ground for invocation of jurisdiction of the Court. Domestic Violence Act is the first Act where a temporary residence of the aggrieved person has also been made a ground for invoking the jurisdiction of court. The expression 'residence' means 'to make abode' - a place for dwelling. Normally place for dwelling is made with an intention to live there for considerable time or to settle there. It is a place where a person has a home. In Webster Dictionary, the residence means to dwell for length of time. The words 'dwelling place' or abode are synonyms. A temporary residence, therefore, must be a temporary dwelling place of the person who has for the time being decided to make t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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