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Success Story – Woman cannot harass man by filing cases at various locations for domestic violence

The husband was being harassed by his wife. She had filed the domestic violence case from a location where she was not residing. The concerned court dismissed wife’s complaint for the want of the territorial jurisdiction. The court stated that the residence should not be a changing residence wherein the woman comes for sake of […]

Success Story – Woman cannot harass man by filing cases at various locations for domestic violence
Success Stories Shonee Kapoor

Success Story – Woman cannot harass man by filing cases at various locations for domestic violence

Shonee Kapoor

Written and analysed by Shonee Kapoor

Legal Consultant, Author & Men's Rights Activist

The husband was being harassed by his wife. She had filed the domestic violence case from a location where she was not residing. The concerned court dismissed wife’s complaint for the want of the territorial jurisdiction.

The court stated that the residence should not be a changing residence wherein the woman comes for sake of contesting the case and otherwise not residing there.

The complainant wife had filed the domestic violence case against the respondent husband on account of alleged dowry demand and she had left the matrimonial home with her daughter.

Basically, she is a resident of Agra. She had continuously changed the residence from Karol Bagh, then to Jhilmil Colony, subsequently to Mayur Vihar and Noida respectively.

After the perusal of the contentions of both the parties, the relevant law and the judgements quoted in the petitions from both the sides, the court decided that temporary residence doesn’t include residence as a place for the sake of filing case only.

 

 

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Shonee Kapoor

Shonee Kapoor

Indian men's rights activist, legal consultant and author focused on matrimonial law, 498A, maintenance, child custody, parental alienation and gender-neutral laws. He is not an advocate or lawyer.

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