Vijesh v. Arya.P
Case brief
What is this about?
The High Court set aside lower court orders in a domestic violence maintenance case, holding that the Tamil Nadu Magistrate lacked jurisdiction because all parties permanently resided in Kerala with no bona fide temporary residence in the state.
What did the court decide?
Orders of the Courts below set aside on the ground of lack of jurisdiction. Liberty given to respondents to approach the jurisdictional Magistrate in Kerala.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2021
C O R A M
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.R.C.No.869 of 2019 & Crl.M.P.No.12774 of 2019
1.Vijesh
2.Vijalakshmi
3.Unnikrishnan ... Petitioners
Vs.
1. Arya
2. V.Vaishnav (Baby)
S/o.Vijesh,
Rep. by his Mother and Natural Guardian
Namely, P.Arya.
... Respondents
PRAYER: Criminal Revision Case filed under 397 r/w 401 of Cr.P.C. to set aside the order of the learned Judge of Mahila Court at Udhagamandalam, The Nilgiris in Crl.A.No.26 of 2019, dated 19.07.2019, confirming the order passed in in M.C.No.14 of 2015, by the learned Principal District Munsif-cum Judicial Magistrate, Gudalur, dated 23.01.2019.
For Petitioners : Mrs.Ezhilarasi For M/s.T.Mathew For Respondents : Mr.K.Bratheesh For M/s.Naveen Kumar Murthi
The first petitioner is the husband, second and third petitioners are the parents of the first petitioner. The first respondent is the wife and the second respondent is the son of the first respondent and the first petitioner.
Issues for consideration
2 issues framed by the court
Whether the Sessions Judge at Udhagamandalam had jurisdiction to entertain the appeal under Section 12(1) of the Domestic Violence Act given that the parties reside permanently in Kerala.
Whether the District Magistrate at Gudalur had jurisdiction to pass the order based on alleged temporary residence of the respondent in Tamil Nadu.
Parties & counsel
- petitioner
Vijesh
- petitioner
Vijalakshmi
- petitioner
Unnikrishnan
- respondent
Arya
- respondent
V.Vaishnav
Case details
As recorded by the court registry
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