Supreme Court Grants Major Relief to Raja Bhaiya: Domestic Violence Case Will Not Be Heard in Rouse Avenue Court
NEW DELHI / LUCKNOW. Former Uttar Pradesh cabinet minister and seven-time MLA from Kunda, Kunwar Raghuraj Pratap Singh alias Raja Bhaiya, has got major legal relief from the Supreme Court.
The apex court while disposing of a domestic violence petition filed by Raja Bhaiya's wife ruled that the matter cannot be heard in Delhi's Rouse Avenue District Court. Rouse Avenue Court is a special court designated for hearing cases involving MPs and MLAs.
What were the main arguments and the court decision
Special Court Jurisdiction: On behalf of Raja Bhaiya, it was argued that the basic purpose of setting up special courts for MPs and MLAs is to expedite disposal of criminal cases involving public representatives.
Civil Nature of Case: It was clarified in the petition that proceedings under the Domestic Violence Act are primarily civil in nature, not criminal.
Jurisdiction Issue: Citing Section 27 of the Domestic Violence Act, it was argued that the territorial jurisdiction to hear this case lies only with Saket Court, not with Rouse Avenue Court.
The Supreme Court accepted this argument and held that the proceedings currently going on in Rouse Avenue Court cannot continue further.
Key Points of Court Order --
- Rouse Avenue Court can hear only criminal cases
- Matter under Domestic Violence Act falls under civil category
- As per Section 27, jurisdiction lies with Saket Court
- Proceedings in Rouse Avenue Court will come to an end
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