Wednesday 6 February 2019

Whether Magistrate can pass residence order in respect of property situated outside state under Domestic violence Act?

From bare perusal of these relevant sections, it is evident that magistrate has been vested with power to pass appropriate order of residence in shared household as well as order of monetary relief. This depends upon facts of each case. The argument of counsel for petitioner that residence order cannot be passed with regard to property which is situated outside State, is not tenable. As in D.V. Act, there is nothing which debars the magistrate to pass such order with regard to property situated outside State. The aim and objects of D.V. Act can be gathered from the language used in preamble which says that "An Act to provide for more effective protection of the rights of women guaranteed under the Constitution, who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto". If it is held that magistrate cannot pass order with regard to property situated outside State, then very purpose of Act would be defeated.

Jammu & Kashmir High Court
Ajay Kaul & Ors. vs State And Ors. on 1 February, 2019
 Coram:    Hon'ble Mr. Justice Sanjay Kumar Gupta,

CRMC No.274/2016, IA Nos.01/2017, 01/2016.
Read full judgment here:Click here.
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