'Temporary Residence' Under Domestic Violence Act Includes Victim's Shelter Amidst Matrimonial Home Turmoil: Jammu & Kashmir High Court

“A “temporary residence” as envisaged under the Act of 2005 can be such a residence wherein an aggrieved person is compelled to take shelter or compelled to take job or do some business in view of domestic violence perpetuated on her or she either been turned out of the matrimonial home or has to leave the matrimonial home”, Justice Javed Iqbal Wani observed.

The ruling came in a petition challenging the jurisdiction of a Judicial Magistrate in Tral to entertain an application under the Act. The case revolved around an application filed by respondents under Section 12 of the Act seeking various reliefs against the petitioners. The petitioners argued that the complainant, a permanent resident of Mattan Anantnag, had strategically chosen to file the application in Tral, where she currently resides, with the intention of harassing them. They contended that the Magistrate lacked the jurisdiction to adjudicate on the matter based on the geographical location.

The crux of the dispute before the court was in the interpretation of Section 27 of the Act, which states that a petition under the Act can be filed in a court where the aggrieved person temporarily resides, carries on business, or is employed.

At the very outset, Justice Wani observed that a bare perusal of the provisions of Section 27 of the Act would manifestly demonstrate that a petition under the Act of 2005 can be filed in a Court where “person aggrieved permanently or temporary resides or carries on a business or is employed.”.

Court pointed various official documents, including a Domicile Certificate, Backward Class Certificate, Date of Birth Certificate, and Aadhar Card, all reflecting the respondent's current residence in Tral. Additionally, her engagement as a National Youth Corps member further solidified the factual accuracy of her residency claim. Conversely, the court found no evidence presented by the petitioners to counter or dispute this well-substantiated documentation.

In view of the settled legal position and its applicability to the case at hand the bench found the petition devoid of any merit and accordingly dismissed the same.

Case Title: Aamir Javid Waza and ors. Vs Gousia Jan and Ors.

Citation: 2023 LiveLaw (JKL) 216

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