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2025 DAILYLAW 37990 (DEL)

KUNAL MALIK & ANR. v. STATE GOVT OF NCT OF DELHI & ANR.

CRL.M.C./3504/2025 · 2025-05-19

Ravinder Dudeja

body2025

Judgment text

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$~122 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3504/2025 & CRL.M.A. 15466/2025 STAY KUNAL MALIK & ANR. .....Petitioners Through: Mr. M.P. Sinha & Mr. Yatharth Sinha, Advocates through VC versus STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Satinder Singh Bawa, APP for the State CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 19.05.2025 1. This is a petition filed on behalf of the petitioner for quashing the DV Act complaint, stated to be pending before the JMFC (Mahila Court). 2. Mr. Sinha, learned counsel for the petitioner, states that Delhi Court has no territorial jurisdiction, inasmuch as, no cause of action had arisen in the jurisdiction of the Delhi Court as parties to the complaint have been residing in Australia and also brought divorce proceedings before the Federal Court and Family Court of Australia. It is stated that the divorce has been granted by the Family Court of Australia and in fact, respondent filed a similar DV Act complaint in Australia, which she withdrew before filing fresh DV complaint before the Delhi Court. 3. On being asked, learned counsel admits that no application has been filed before the trial court challenging the territorial jurisdiction of the court. 4. At this stage, learned counsel seeks permission to withdraw the present petition with liberty to file appropriate application challenging the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2025 at 12:14:03 territorial jurisdiction of the trial court. 5. The statement made by the learned counsel is taken on record and petition is dismissed as withdrawn, as prayed for. RAVINDER DUDEJA, J. MAY 19, 2025 RM This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2025 at 12:14:03