Justice SK Shinde observed that if a woman was allowed to file complaints at any places she merely visits, then “it may lead to abuse of legal process of law, as aggrieved person may choose, any place, where she may be a casual visitor”.

The HC was hearing an appeal filed by the woman against the order of the Metropolitan Magistrate at Bandra which dismissed her complaint under the DV Act.

According to the woman, she married in December 1993 in Hyderabad. She alleged that she was subjected to physical and mental torture by her husband and son for which she had filed a complaint with the local police on September 4 this year. Finally, she left her house on September 26-27 and came to Mumbai, where she was to meet her brother, who resides in the US. She was staying in a hotel in Bandra.

She filed two complaints with the police in October saying that she was being followed and was under surveillance on her husband and son’s instructions.

On October 28, she filed a complaint with the magistrate, which is within 23 days of her arrival in Mumbai.

The HC noted that the woman had not taken any steps to protect her life, property or restrain her husband from inflicting domestic violence against her since her marriage in 1993.