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Section 27: Jurisdiction

Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005
Section 26 All 37 Sections of Domestic Violence Act, 2005 Section 28

Legal Commentary & Landmark Judgments: Section 27

Section 27 establishes expansive, victim-friendly territorial jurisdiction for courts adjudicating domestic violence applications, discarding rigid civil CPC rules to allow filing where the aggrieved woman temporarily resides.

  • Aggrieved Person's Temporary or Permanent Residence: The court of Judicial Magistrate of First Class or Metropolitan Magistrate within whose local limits the aggrieved person permanently or temporarily resides or carries on business has jurisdiction.
  • Respondent's Residence or Employment: Jurisdiction lies where the respondent resides or carries on business or is personally employed for gain.
  • Place of Cause of Action: Jurisdiction is established in any location where the cause of action arose (including places where incidents of domestic violence, harassment, or non-payment of maintenance occurred).
  • Enforceability Across India: Any order passed by a competent court under Section 27 is enforceable throughout India under Section 27(2).
Key Landmark Precedents:
  • Rupali Devi v. State of U.P. (2019) 5 SCC 384: The Supreme Court held that mental cruelty and domestic distress continue at the place where the married woman is forced to take shelter at her parental home; the court at her parental residence possesses complete territorial jurisdiction under Section 27.
  • Shalu Ojha v. Prashant Ojha (2018) 8 SCC 452: Held that Section 27 is a special jurisdictional provision deliberately designed to prevent displaced and destitute women from traveling to the matrimonial home to seek legal protection.
Courtroom Practice & Strategic Litigation Guidance:

If a woman is expelled from the matrimonial home in Mumbai and takes refuge with parents or relatives in Delhi, file the Section 12 petition in Delhi. Pleading temporary residence supported by an affidavit, rent agreement, or local bank statement fully satisfies Section 27(1)(a).

Section 26 All 37 Sections of Domestic Violence Act, 2005 Section 28