HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4644 OF 2010 DATE:03.06.2010 Between: Dasari Murali Mohan and 5 others …….Petitioners And: The State of A.P., rep. By Public Prosecutor and another. ……Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4644 OF 2010 ORDER: Respondents 1 to 6 in D.V.C.No.1 of 2010 on the file of Judicial Magistrate of the First Class, Godavarikahni are the petitioners herein. The 1st petitioner is husband of the 2nd respondent/complainant. The petitioners 2 and 3 are parents and the petitioners 4 to 6 are sisters and brother of the 1st petitioner. Previously at the instance of the 2nd respondent, the police filed dowry harassment case in C.C.No.433 of 2008 against the petitioners 1 to 6 as A-1 to A-6 on the file of II Additional Judicial Magistrate of the First Class, Rajahmundry and it is stated to be pending. It is contended that after the 2nd respondent gave notice dated 03.11.2008 to the 1st petitioner calling upon him inter alia to give divorce to her and when it is not fructified, the 2nd respondent has resorted to domestic violence proceedings in Godavarikhani. It is contended by the petitioners’ counsel that admittedly the 2nd respondent is a permanent resident of Rajahmundry and the cause of action for domestic violence case took place at Rajahmundry and that therefore, it should not have been filed in Godavarikhani Magistrate court. Since the year 2008, the 1st petitioner and the 2nd respondent are admittedly living separately. There is no fresh cause of action after the year 2008. Section 27(1) of the Protection of Women from Domestic Violence Act, 2005 prescribes territorial jurisdiction of the court to entertain any petition under the Act; and it reads as follows: “27. Jurisdiction:- (1) The court of judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which- (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or ( c ) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.” Thus, not only permanent residence of the aggrieved person, but also temporary residence of the aggrieved person is the criterion to determine territorial jurisdiction of the Magistrate to entertain a petition under the said Act. As per allegations in D.V.C.No.2 of 2010 filed by the 2nd respondent in the lower court, in the cause title, the 2nd respondent described her as follows: “Dasari Anitha, W/o. Murali Mohan, age 28 years, Occ: House hold R/o. Rajahmundry now residing at Jyothinagar, NTPC of Ramagundam Mandal of Karimnagar District.” It is further stated in para 6 of the petition that mother of the petitioner/ 2nd respondent herein retired from service and now shifted her residence to NTPC. According to the 2nd respondent, she is residing temporarily with her mother. It is immaterial whether door number of the house is given or not. The petitioner gave locality in which she is residing at NTPC at Ramagundam Mandal. Therefore, it cannot be said that the Court at Godavarikhani has no territorial jurisdiction to entertain the domestic violence case. Even though the 2nd respondent is claiming several reliefs against the 1st petitioner, she is also claiming compensation from all the petitioners. Allegations of domestic violence are also made against all the petitioners. Therefore, it cannot be said that the petitioners 2 to 6 are not necessary parties. I do not find any valid or legal reasons to quash the proceedings. In the result, the petition is dismissed. However, personal attendance of the petitioners 2 to 6 who are the respondents 2 to 6 in the lower court is dispensed with during enquiry of D.V.C.No. 2 of 2010 except on the date of judgment, in case they are represented by an Advocate in the lower court. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:03.06.2010. Gk. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4644 OF 2010 Date:03.06.2010 Gk.