Indian court can take cognizance of domestic violence complaint on foreign soil outside India -----Bombay High Court

The Bombay High Court has recently held that complaints of domestic violence occurring on foreign soil outside India can be taken cognizance of by the Courts of Judicial Magistrates in India under the Protection of Women from Domestic Violence Act, 2005.                                                        The court was hearing a case in which a Nagpur-based court is trying under the Domestic Violence Act for alleged domestic violence committed in Germany.The Court of Judicial Magistrate at Nagpur had dismissed the application of the respondent seeking to quash the proceedings on the g

round that Under the Domestic Violence Act, Indian courts can only consider complaints of domestic violence that take place within the Indian soil.Indian courts do not have jurisdiction to deal with alleged domestic violence committed on German soil outside Indian soil The respondent also submitted that as per Section 272 of the Act, if an order is passed by a court, then that order is enforceable in India and cannot be enforced outside India, therefore, such an order would be meaningless.                                     The Court of Judicial Magistrate, Nagpur refused to accept these arguments of the respondent and dismissed the application of the respondent seeking quashing of the proceedings of the case on the basis of the aforesaid arguments.                                            He challenged in the High Court the order of the Court of Judicial Magistrate rejecting the respondent's application.                                                                       According to the complaint, the husband and wife were married in 2020.It was the allegation of the wife that during her stay at her in-laws' place in Mumbai after marriage, lewd and derogatory remarks were made about her and her family members as the in-laws believed that the marriage was against their expectation.                                                                     After living for some time with her in-laws, the wife went to Germany with her husband.Wife alleges that even in Germany the husband tortured her mentally and physically, she was not even allowed to talk to her parents.she was forced to do extra household chores.The wife has alleged in her complaint that husband had forced her to undergo an abortion.The wife left Germany and returned to India and is currently living with her parents at her maternal home in Nagpur.In Nagpur itself, she has filed a domestic violence complaint against her husband under the Domestic Violence Act.                                                                                   A single judge bench of Justice G.A.Sanap of the Nagpur Bench of the Bombay High Court heard the matter.After hearing the bench said that the court located in India can take cognizance of the case under the Domestic Violence Act even if the offense is committed in any other country outside India.                                          The court referred to Section 27(1)A and B of the Act and said that Section 27(1)A  provides that if the aggrieved person is a temporary or permanent resident or carries on business or is employed within the local limits of the court then the Magistrate has power to take cognizance of the complaint.The same 27(1)B also provides that if the defendant permanent or temporary resides or carries on business or is employed within the local limits of the court, the Magistrate has power to take cognizance against his.                                                                     The court held in view of the above provisions that section 27(1)A and B is applicable irrespective of the place of cause of action.They have no connection to the place where the domestic violence actually took place.                                                       The court said that the law makers (Parliament) were conscious of a situation where the offense could be committed in any other country outside India and therefore they have defined section 27(1)A and B of the Act as.                             The court held that the Domestic Violence Act is a social welfare law and dismissed the husband's application seeking quashing of the proceedings pending before the Magistrate's Court on the ground that The offense of alleged domestic violence has taken place on foreign soil, therefore the Indian Court has no power to take cognizance.