{"id":1510,"date":"2025-11-19T11:16:09","date_gmt":"2025-11-19T05:46:09","guid":{"rendered":"https:\/\/www.shoneekapoor.com\/legal-news\/?p=1510"},"modified":"2025-11-19T11:04:15","modified_gmt":"2025-11-19T05:34:15","slug":"throws-out-nri-wifes-complaint","status":"publish","type":"post","link":"https:\/\/www.shoneekapoor.com\/legal-news\/throws-out-nri-wifes-complaint\/","title":{"rendered":"Domestic Violence Case | \u201cWe Have No Jurisdiction. You Cannot Misuse System & File Cases Anywhere You Want\u201d: Khanna Court Throws Out NRI Wife\u2019s Complaint"},"content":{"rendered":"\n

A Khanna court dismissed an NRI wife\u2019s domestic violence case after finding she lived in Australia, not Khanna. The verdict reinforces how false or mis-filed cases misuse the system and drain husbands\u2019 time and money.<\/strong><\/h4>\n\n\n\n

PUNJAB<\/em>: A recent order from the Sub-Divisional Judicial Magistrate<\/strong>, Khanna, has once again highlighted how domestic violence<\/strong> complaints are often filed in wrong jurisdictions, causing unnecessary pressure on men and their families<\/strong>.<\/p>\n\n\n\n

In this case XXX vs. YYY (COMA-12-2024)<\/strong>, the court clearly stated that the complaint could not continue because the wife did not live<\/strong> – either temporarily or permanently – at the Indian address mentioned in the case.<\/p>\n\n\n\n

The husband, who secured this major relief, was represented by Tripaksha Litigation<\/a>, led by Partner Sh. Kulwinder Singh, Advocate<\/strong>.<\/p>\n\n\n\n

The husband (respondent no.1)<\/strong> had filed an application saying the complaint was not maintainable because the wife did not stay in Khanna<\/strong>. He requested the court to reject the case. The wife opposed this and said she used to visit Khanna sometimes, and because of that, the \u201ccause of action<\/em><\/strong>\u201d existed there.<\/p>\n\n\n\n

After hearing both sides, the court went deep into the facts. The complaint was filed by the wife<\/strong> through her attorney Bhushan Kumar Mittal<\/strong>, and she herself admitted that she was living in Australia at:
Unit No.1, 207, Charman Road, Cheltenham, 3192, Melbourne, Australia.<\/strong><\/p>\n\n\n\n

She also stated that she and her husband were married on 6.9.2008<\/strong> and had stayed in Tarn Taran, then shifted to Greater Noida, and finally moved permanently to Australia in 2019<\/strong>. Even at present, both parties were living abroad.<\/p>\n\n\n\n

From these facts, the court concluded that no part of the domestic-violence incident happened in Khanna<\/strong>, nor did the wife stay there. Under Section 27 of the Domestic Violence Act, 2005<\/strong>, a case can only be filed where the aggrieved person resides<\/strong>, works<\/strong>, or where the cause of action arises<\/strong>.<\/p>\n\n\n\n

Here, none of these conditions were met.<\/p>\n\n\n\n

Therefore, the court said it had no jurisdiction<\/strong> to hear this complaint.<\/p>\n\n\n\n

While explaining its reasoning, the court relied on two important judgments:<\/p>\n\n\n\n