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The Bombay High Court ruled that a Woman who has been seperated from her husband for the past two years can file a DV complaint. It was contended by her husband that as it has been two years, a domestic violence complaint cannot be filed as they had been living separately and since the alleged violence happened in California, Mumbai Courts have no jurisdiction.
Rupali Devi Vs. State of Uttar Pradesh Relying on the aforementioned judgement of the Supreme Court, the Bombay High Court held that:
“The Courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would,dependent on the factual situation,also have jurisdiction to entertain a complaint alleging commission of offences under Section 498A of the Indian Penal Code.”
The Husband also contended that the Period of limitation for the domestic violence is over as they had been living separately and therefore the said appeal ought be dismissed. Bombay High Court held that domestic violence is a “continuing offence” and therefore the period of limitation for the said Domestic Violence is not over.
Click here to view judgement
