MANOHARAN vs GOKULA PRIYA

2026:MHC:4541
CRP Nos.5203 and 5205 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:12-11-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP Nos.5203 and 5205 of 2024
CNR: {HCMA012260692024}
CRP No.5203 of 2024:
1. Manoharan
2. Sakunthala
..Petitioner(s)
Vs
Gokula Priya
..Respondent(s)
Prayer: This Civil Revision Petition is filed under Article 227 of the
Constitution of India, praying to call for the entire records in connection with
the CA No.33/2023 on the file of the Additional Sessions Judge, Krishnagiri
and set aside the judgment passed by Learned Additional Sessions Judge,
Krishnagiri dated 05.07.2024 in CA No.33/2023 confirmed the judgment passed
by the learned Judicial Magistrate Additional Mahila Court, Krishnagiri in DVC
No.64/2019 dated 21.02.2023.
For Petitioner(s): :Mr.V.Paarthipan
for A.Sahanaj Khanam
For Respondent(s): :Mr.T.S.Baskaran
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2026:MHC:4541
CRP Nos.5203 and 5205 of 2024
CRP No.520 5 of 2024:
Vijaymanjunath
..Petitioner(s)
Vs
Gokula Priya
..Respondent(s)
Prayer: This Civil Revision Petition is filed under Article 227 of the
Constitution of India, praying to call for the entire records in connection with
the CA No.13/2023 on the file of the Additional Sessions Judge, Krishnagiri
and set aside the judgment passed by Learned Additional Sessions Judge,
Krishnagiri dated 05.07.2024 in CA No.13/2023 confirmed the judgment passed
by the learned Judicial Magistrate Additional Mahila Court, Krishnagiri in DVC
No.64/2019 dated 21.02.2023.
For Petitioner(s): :Mr.V.Paarthipan
for A.Sahanaj Khanam
For Respondent(s): :Mr.T.S.Baskaran
C O M M O N O R D E R
These two revision petitions are filed by husband and parents-in-law of
the respondent/wife challenging the order passed by the learned Magistrate
granting residential order in favour of the respondent as confirmed by the
Additional Sessions Judge, Krishnagiri in appeal.
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2026:MHC:4541
CRP Nos.5203 and 5205 of 2024
2. The respondent/wife filed Domestic Violence Case against the
petitioners seeking residential order and protection order under the provisions of
the Protection of Women from Domestic Violence Act, 2005. According to the
respondent, marriage between her and the petitioner in CRP.No.5205 of 2024
has been solemnised on 14.02.2013, she lived with her husband in the
matrimonial home situated at Bangalore. Alleging harassment and domestic
violence, the respondent filed Domestic Violence Case against the petitioners
seeking residential order and protection order. The learned Magistrate on
enquiry found that the respondent was entitled to residential order in respect of
the residential house situated at Bangalore. He also passed a protection order
restraining the petitioners and other respondents in Domestic Violence Case
from harassing the respondent by words and acts. Thus the residential order
and protection order have been passed under Sections 18 and 19 of the
Protection of Women from Domestic Violence Act, 2005. As far as the prayer
for maintenance is concerned, the petition was dismissed. Aggrieved by the
residential and protection orders passed by the learned Magistrate, the
petitioners filed appeals before the Appellate Judge namely, Additional Sessions
Judge, Krishnagiri. The said appeals were dismissed by the Appellate Judge by
confirming the findings of the learned Magistrate. Aggrieved by the same, the
petitioners have filed these revision petitions.
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2026:MHC:4541
CRP Nos.5203 and 5205 of 2024
3. Though very many grounds are raised in the memorandum of Civil
Revision, at the time of arguments, Mr.V.Parthiban, learned counsel for the
petitioners confined his arguments regarding the jurisdiction of Court to pass
residential order. According to him, the house is situated at Bangalore outside
the territorial limits of the Magistrate and therefore the order passed by learned
Magistrate granting residential order in respect of the house situated outside his
territorial limits is without jurisdiction. In support of the said contention, the
learned counsel for the petitioners relied on the judgment of Madhya Pradesh
High Court in Dr.Hitesh Vs. Dr.Smt.Pritibala reported in 2023 Law Finder
(MP) 5263 .
4. Per contra, Mr.T.S.Baskaran, learned counsel appearing for the
respondent by drawing the attention of this Court Section 27 (2) of the
Protection of Women from Domestic Violence Act, 2005 would submit that the
order passed by Magistrate is enforceable throughout India and therefore, there
is no jurisdictional error in passing the residential order. In support of his
contention, he relied on the judgment of the Apex Court in Shyamlal Devda
and others Vs. Parimala reported in (2020) 3 SCC 14 .
5. Section 27 of the Protection of Women from Domestic Violence Act,
2005 defines the jurisdiction of the Judicial Magistrate with regard to the orders
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2026:MHC:4541
CRP Nos.5203 and 5205 of 2024
to be passed under Domestic Violence Act, which reads as follows:
2 7. 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.
(2) Any order made under this Act shall be enforceable throughout
India.
6. Section 14 of Cr.P.C defines the local jurisdiction of Judicial
Magistrates which reads as follows:
14. Local Jurisdiction of Judicial Magistrates.
(1) Subject to the control of the High Court, the Chief
Judicial Magistrate may, from time to time, define the local limits
of the areas within which the Magistrates appointed under
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2026:MHC:4541
CRP Nos.5203 and 5205 of 2024
section 11 or under section 13 may exercise all or any of the
powers with which they may respectively be invested under this
Code :[Provided that the Court of a Special Judicial Magistrate
may hold its sitting at any place within the local area for which it
is established.]
( 2) Except as otherwise provided by such definition, the
jurisdiction and powers of every such Magistrate shall extend
throughout the district.
(3) Where the local jurisdiction of a Magistrate, appointed
under section 11 or section 13 or section 18, extends to an area
beyond the district, or the metropolitan area, as the case may be,
in which he ordinarily holds Court, any reference in this Code to
the Court of Session, Chief Judicial Magistrate or the Chief
Metropolitan Magistrate shall, in relation to such Magistrate,
throughout the area within his local jurisdiction, be construed,
unless the context otherwise requires, as a reference to the Court
of Session, Chief Judicial Magistrate, or Chief Metropolitan
Magistrate, as the case may be, exercising jurisdiction in relation
to the said district or metropolitan area.
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2026:MHC:4541
CRP Nos.5203 and 5205 of 2024
7. Section 14 of Criminal Procedure Code only defines the local
jurisdiction of Judicial Magistrate. However, the Magistrate draws his power to
pass protection order or other orders under the provisions of the Protection of
Women from Domestic Violence Act, 2005, only under Section 27 of Domestic
Violence Act. In other words, Section 14 of Criminal Procedure Code only
talks about the territorial limits of his jurisdiction whereas Section 27 of the
Domestic Violence Act talks about jurisdiction of the Magistrate as to subject
matter namely his powers under the provisions of the Protection of Women
from Domestic Violence Act, 2005.
8. A perusal of Section 27 of the Protection of Women from Domestic
Violence Act, 2005 would indicate that the Magistrate has got power to
entertain the complaint and pass protection order or other orders under the
Domestic Violence Act in case the person aggrieved permanently or temporarily
resides or carries on business or is employed within his territorial limits or if the
respondent resides or carries on business or is employed or if the cause of action
has arisen within his territorial limits.
9. In the case on hand, the aggrieved person namely the respondent
resides within the territorial limits of Magistrate and hence he has got
jurisdiction to entertain the complaints preferred by the respondent under the
provisions of the Protection of Women from Domestic Violence Act, 2005,
seeking residential order and protection order.
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2026:MHC:4541
CRP Nos.5203 and 5205 of 2024
10. Section 27(2) of the Protection of Women from Domestic Violence
Act, 2005 would make it clear that any order passed by the Magistrate under the
Protection of Women from Domestic Violence Act, 2005 shall be enforceable
throughout India. A plain reading of that Section makes it clear that the order
passed by the learned Magistrate is enforceable throughout India and therefore,
he is entitled to grant residential order in respect of house or residence situated
outside the territorial limits. For the purpose of defining the jurisdiction, only
the place of the aggrieved party or place of the respondent or place of cause of
action are relevant and the place of the residence in respect of which residential
order is passed is not relevant.
11. In the light of plain language of Section 27(2) of the Protection of
Women from Domestic Violence Act, 2005. I do not find any jurisdictional
error or infirmity in the order passed by the learned Magistrate. Hence, the
submission made by the learned counsel for the petitioners is repelled and the
Civil Revision Petitions are dismissed. No costs.
12-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
ub
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2026:MHC:4541
CRP Nos.5203 and 5205 of 2024
To
1. The Additional Sessions Judge, Krishnagiri.
2.The Judicial Magistrate Additional Mahila Court,
Krishnagiri.
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2026:MHC:4541
CRP Nos.5203 and 5205 of 2024
S.SOUNTHAR, J.
ub
CRP Nos.5203 and 5205 of 2024
12-11-2026
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