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Rajasthan High Court: No Person deprived of Life or Personal Liberty not even Foreigners

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rajasthan high court law insider 1

rajasthan high court law insider 1

Nishka Srinivas Veluvali

Published on: November 24, 2021 at 22:00 IST

The Rajasthan High Court has ruled out that a foreigner who is the Victim of Domestic Violence can file a complaint if the Violence was been Committed during her stay in India.

Justice Vinit Kumar Mathur quashed the Plea of Roberto Nieddu, husband of Catherine Nieddu, requesting to reject her complaint against him challenging the accountability based on them being foreign nationals.

Catherine Nieddu had filed a complaint against her husband Robarto Nieddu under Domestic Violence during their stay in Jodhpur in 2019.

Roberto had objected to the complaint in the Court of Metropolitan Magistrate and then in the Court of Additional District and Sessions Court Judge (Women Atrocities Cases).

Roberto advanced to High Court following both Courts quashing his Plea.

The Petitioner’s Counsel submitted that the Petitioner and Respondent both are not the citizens of India and thus are not biddable to the Jurisdiction.

In response to the submission, the Respondent’s counsel argued that as per Section 2(a) of the Domestic Violence Act 2005, the definition of ‘aggrieved person’ is been given.

According to this definition, any woman including a foreign citizen who is the victim of domestic violence can maintain an application before the trial Court.

The Court noticed that the respondent Catherine Nieddu who is receded in Jodhpur for the past 25 years and after having ‘solemnized marriage’ with Roberto.

Therefore, with regard to the definitions of Section 2(a) and 12 of Domestic Violence Act, 2005, the Court held that the complaint of Catherin Neiddu is acceptable.

The High Court hence quashed Robarto’s Petition.

The Court inferred the matter by stating that, “Article 21 of the Indian Constitution extends benefit of protection not only to every citizen of this country but also to a person who may not be the citizen of the country.”  

Thus, Catherin Neiddu  is eligible to get protection under Section 12 of Domestic Violence Act.

Also Read: Drinking and Domestic Violence in India