Bombay High Court

Bombay HC: Domestic Violence Case Dismissed Over Residency Dispute

Updated
Jan 18, 2026 2:58 PM
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Summary: In a surprising turn, the Bombay High Court at Aurangabad canceled previous decisions that allowed Vishakha More to file a domestic violence case in Chhatrapati Sambhajinagar. The court found no proof that she lived there, pointing out problems with where the case should be handled.

The Case Begins: Marriage and Complaints

Vishakha Nikhil More married Nikhil Rajendra More on November 29, 2022, and initially lived with him in Latur. By March 27, 2023, she made a complaint against her husband and in-laws for mistreatment, followed by a police report on April 13, 2023.

Jurisdiction Battle: Where Does Vishakha Live?

Vishakha said she temporarily lived in Chhatrapati Sambhajinagar for school, which allowed her to file a case there. However, the More family argued she lived in Kalamb with her parents, not Sambhajinagar.

"The respondent has not produced any document to show that she is residing at Chhatrapati Sambhajinagar." - Petitioners' Lawyer

Court Decisions: Magistrate and Sessions Judge

The Magistrate and Additional Sessions Judge initially said Vishakha could file in Sambhajinagar, but the More family challenged this, saying there was no proof she lived there.

High Court Ruling: No Evidence, No Jurisdiction

On January 9, 2026, Justice Abhay J. Mantri overturned the previous decisions, saying Vishakha failed to prove she lived in Sambhajinagar. The court stressed the need for solid proof of residence for deciding where the case should be handled.

"Temporary residence means a place you live in normally, not just to file a case." - Justice Abhay J. Mantri

Verdict Summary

The court dismissed the case but allowed Vishakha to submit her application again under the Domestic Violence Act in the correct location, making sure that justice follows the rules.

Tags:
Domestic Violence
Family Law
Jurisdiction