VIJESH Vs. ARYA

JUDGEMENT

(1.) The first petitioner is the husband, second and third petitioners are the parents of the first petitioner. The first respondent is the wife and the second respondent is the son of the first respondent and the first petitioner.

(2.) Due to some matrimonial dispute, the first respondent/wife approached the learned Principal District Munsif-cum-Judicial Magistrate, Gudalur in M.C.No.14 of 2015, under Sec. 12(1) of the Protection of Women from Domestic Violence Act, 2005 (In short 'the Act") and obtained an order on 23/1/2019. Against which, the appeal filed by the first petitioner/husband, in Crl.A.No.26 of 2019 before the learned Sessions Judge, Mahila Court, Udhagamandalam at Nilgiris, was dismissed, by confirming the order passed by the learned Principal District Munsif-cum-Judicial Magistrate, Gudalur in M.C.No.14 of 2015. Aggrieved by the above judgment, the petitioners/husband and his parents are before this Court.

(3.) The main contention of the learned counsel for the first petitioner / husband is that the first petitioner is residing in Kerala, the parents of the first petitioner are also in Kerala, marriage took place in Kerala and parents of the first respondent are also residing in Kerala and they are having permanent and temporary residence in Kerala. Either the first respondent-wife or any of the parties residing in Tamil Nadu and as such, no cause of action arisen to file a case in Tamil Nadu. Hence, the learned counsel prays for setting aside the orders of the Courts below.