Mumbai: The Bombay High Court, under Justice Milind Jadhav, has stayed proceedings filed under the Domestic Violence (DV) Act in the Magistrates Court at Panvel and suspended an order awarding maintenance of ₹2 lakh per month to the wife and minor son.
The husband, represented by Advocate Prakash Naidu, filed a Criminal Revision Application challenging both the issuance of summons and the maintenance order. He argued that the proceedings were not maintainable under Section 27 of the Protection of Women Against Domestic Violence Act, 2005, due to jurisdictional issues.
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Thursday 09 Jan. 2025
Key Arguments Presented:
1. Jurisdictional Challenge:
The husband contended that the wife resides in the United States and holds Canadian citizenship. He argued that her filing the case in Panvel, based on her parents’ address, did not meet the jurisdictional requirements under Section 27 of the DV Act. The alleged domestic violence occurred in the United States, further undermining the claim’s validity in Indian courts.
2. Maintenance Order:
Despite jurisdictional concerns, the Magistrates Court granted a maintenance order of ₹2 lakh per month. Advocate Naidu highlighted that the wife, as per her affidavit, has substantial earnings in the U.S., jointly owns a house with her husband, and her minor son studies in the U.S.
3. Violation of Legal Principles:
Citing the Rajneesh vs Neha case, the husband’s counsel emphasized that both parties are required to declare their assets and liabilities. The wife’s declarations revealed financial independence, raising questions about the necessity of the maintenance order.
4. Significance of the Marriage’s Timeline:
The marriage occurred in Coimbatore, and the couple resided in the U.S. post-wedding. This further supported the husband’s claim that the Panvel court lacked jurisdiction.
High Court’s Observations:
Justice Milind Jadhav observed that an arguable case was made regarding jurisdiction. He noted that the Magistrates Court’s decision to proceed based on the wife’s temporary residence in Panvel contradicted the DV Act’s provisions. As a result, all proceedings and the maintenance order were stayed pending a detailed hearing.
The case highlights critical jurisdictional issues in domestic violence and maintenance cases involving parties residing abroad. Advocate Prakash Naidu, along with his legal team, argued successfully for the interim relief. Further hearings are awaited to resolve the matter.
