9 years, 4 months ago

A wife can be ‘aggrieved person’ for the purpose of DV Act even after Judicial Separation: Supreme Court [Read Judgment]

Live Law

The finding recorded by the courts below which have been concurred by the High Court that the parties having been judicial separated, the appellant wife has ceased to be an “aggrieved person” is wholly unsustainable, the Apex Court bench said.A lady who has been fighting to get her ‘Stridhan’ back, from her husband and relatives, finally gets relief from Supreme Court. The finding recorded by the courts below which have been concurred by the High Court that the parties having been judicial separated, the appellant wife has ceased to be an “aggrieved person” is wholly unsustainable, the Apex Court bench said. Supreme Court of India bench of Justices Dipak Misra and Prafulla C. Pant held that only because a decree of Judicial separation is passed, a wife does not cease to be an ‘aggrieved person’ for the purpose of Domestic Violence Act. ‘Sthridan’ application not barred by limitation The Court also observed that as long as the status of the aggrieved person remains and stridhan remains in the custody of the husband, the wife can always put forth her claim under Section 12 of the 2005 Act.

Supreme Court Court Parties Act Bench Person Husband Wife Magistrate Judicial Separation Decree Aggrieved Dv Act court aggrieved bench judgment wife dv purpose decree read judicial separation act person husband parties supreme

History of this topic

1 month, 1 week ago

Amending Original Plea Before Family Court To Incorporate Reliefs Under Domestic Violence Act Will Not Change Its Nature And Character: Kerala HC

Live Law

The Kerala High Court ruled that amending an original petition filed before the Family Court incorporating reliefs under the Protection of Women from Domestic Violence Act, 2005 is permissible and that it will not change the nature and character of the original petition. Snehalatha allowed the petition for amendment filed under Order VI Rule 17 CPC to incorporate reliefs under …

1 month, 2 weeks ago

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court

Live Law

The Supreme Court, while quashing criminal charges of cruelty, dowry demand and domestic violence against the present appellants, highlighted that invoking criminal laws in domestic disputes without specific allegations and credible materials may have disastrous consequences for families. Thus, when family relationships are sought to be brought within the ambit of criminal proceedings rupturing the family bond, courts should be …

2 months ago

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court

Live Law

Recently, the Allahabad High Court has held that order passed by the Supreme Court expediting divorce proceedings cannot be a ground to deprive the wife of her right to contest divorce proceedings. Subsequently, appellant-wife approached the Supreme Court seeking transfer of proceedings to Kanpur Nagar, UP, which was allowed with an observation “to make all endeavour to dispose of the …

2 months, 1 week ago

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court

Live Law

The Delhi High Court has held that two persons who lived together in a shared household through a relationship in the “nature of marriage” would also be called to be in a domestic relationship under the Domestic Violence Act. “Even otherwise, in terms of Section 2 of the Act, the relationship of parties living together through a relationship in the …

3 months ago

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

Live Law

The Supreme Court today quashed a domestic cruelty case under Section 498A IPC against the husband's parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce. The bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing the Appellant's challenge to the Bombay High Court's Aurangabad Bench decision which refused …

3 months, 1 week ago

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court

Live Law

The Jammu & Kashmir High Court has held that the Protection of Women from Domestic Violence Act, 2005 can be invoked even in cases involving past domestic relationships where the parties have lived together in a shared household at any point in time. Justice Sanjay Dhar clarified that the definition of "domestic relationship" under Section 2 of the DV Act …

3 months, 3 weeks ago

Divorced woman can seek maintenance from ex-husband under Domestic Violence Act: HC

Hindustan Times

MUMBAI: The Bombay high court on Wednesday held that a divorced wife can seek maintenance from her ex-husband by invoking provisions of the Protection of Women from Domestic Violence Act, 2005. Divorced woman can seek maintenance from ex-husband under Domestic Violence Act: HC A single judge bench of justice Sandipkumar More was hearing a plea filed by a 50-year-old agriculturist …

10 months ago

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband

Live Law

The Karnataka High Court recently disposed of habeas corpus petition filed by a mother of a girl after the detenue girl informed the court that she has married and is staying with her Muslim husband in Kerala and does not intend to go back to her parents. A division bench of Justice S Sunil Dutt Yadav and Justice Venkatesh Naik …

10 months, 3 weeks ago

Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide

Live Law

The Supreme Court admitted a petition raising an important question of whether the compensation awarded to the victim of domestic violence should be commensurate with the degree of domestic violence suffered or the financial status of the guilty party. In 2017, the respondent had filed an application under the Protection of Women from Domestic Violence Act before the Trial Court. …

11 months, 3 weeks ago

HC upholds Rs 3-cr compensation, Rs 1.5 lakh maintenance to woman in domestic violence case

Deccan Chronicle

Mumbai, Mar 26 The Bombay High Court has upheld a trial court order directing a husband to pay a Rs 3-crore compensation and monthly maintenance of Rs 1.5 lakh to his estranged wife, observing a factor that can be considered for deciding the payout quantum is the impact of acts of domestic violence on the aggrieved person. Justice Sharmila held …

1 year, 2 months ago

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court

Live Law

The Delhi High Court has ruled that the findings of cruelty against a wife in the divorce proceedings by itself cannot be a basis to deny her maintenance under the Domestic Violence Act, 2005. Justice Amit Bansal also observed that a revision petition would lie to the High Court against an order passed by the Sessions Court in appeal under …

1 year, 2 months ago

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court

Live Law

The Delhi High Court has recently observed that the wife cannot be denied the benefit of interim maintenance under the Domestic Violence Act, 2005, merely on the basis of allegations of illicit relationship which are yet to be proved during the course of trial.Justice Anoop Kumar Mendiratta dismissed a husband's plea against a trial court order directing him to pay …

1 year, 2 months ago

POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties

Live Law

The Kerala High Court recently quashed proceedings under the Protection of Children from Sexual Offences Act and the Indian Penal Code against a man alleged to have sexually abused the victim. Justice Gopinath P. noted that the allegations against the petitioner accused had been launched following his withdrawal from marriage with the victim, after the engagement ceremony. Justice Gopinath P. …

1 year, 3 months ago

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child

Live Law

The Karnataka High Court has quashed the criminal case initiated against a man for offences punishable u/s 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, taking note of the survivor's plea that she and her child depended on him and the prosecution would not be in the interest of justice. She claimed that if the criminal …

1 year, 7 months ago

Proceedings Initiated Under Domestic Violence Act Before Magistrate Cannot Be Transferred To Family Court: Kerala High Court

Live Law

The Kerala High Court on Wednesday laid down that proceedings initiated under the Protection of Women from Domestic Violence Act, 2005 before a Judicial Magistrate of the First Class cannot be transferred to a Family Court. Act, no application under Section 12 pending before a Magistrate can be transferred to a Family Court," the Bench observed. Act by filing an …

1 year, 7 months ago

Can Proceedings Under Domestic Violence Act Be Transferred To Family Court? Bombay HC Directs Registry To Place Matter Before Appropriate Bench

Live Law

The Bombay High Court has directed its Registry to place before an appropriate bench a clutch of petitions to decide a common legal issue – whether family courts are competent to hear domestic violence cases. “A common question involved is whether the Family Court established under the Family Courts Act, 1984 is competent to conduct the proceedings and give the …

1 year, 11 months ago

Indian courts can hear domestic violence case even if happened abroad: Bombay HC

Hindustan Times

A court in India can take cognizance of a case of domestic violence even if the alleged offence takes place in a foreign country, the Nagpur bench of the Bombay High Court has held. The court recently rejected a plea by an Indian man who claimed that a magistrate's court in Nagpur can not act on a complaint of domestic …

2 years ago

Domestic Violence Victims Must Be Addressed With Immediacy: Karnataka High Court Issues Directions For Timely Disposal By Magistrate Courts

Live Law

The Karnataka High Court has issued directions to be followed by magistrate courts for disposal of applications being made by an aggrieved person under the Protection of Women from Domestic Violence Act, 2005, within 60 days from the date of its filing. Before issuing the directions the bench expressed “It becomes necessary for this Court to direct the Magistrates, to …

2 years, 1 month ago

Supreme Court Annual Digest 2022- Domestic Violence Act, 2005

Live Law

Protection of Women from Domestic Violence Act, 2005 Protection of Women from Domestic Violence Act, 2005 - Appeal against the Madras HC judgment which quashed proceedings under Domestic Violence Act on the ground of limitation - Allowed - High Court was in error in observing that the application under Section 12 of the Act ought to have been filed within …

2 years, 1 month ago

Overseas Citizens, Persons Temporarily Residing In India Entitled To Seek Relief Under Domestic Violence Act: Madras High Court

Live Law

The Madras High court recently held that the law in India does not prohibit a person holding an Overseas Citizenship of India card or person temporarily residing here from seeking relief under the Domestic Violence Act in the Indian courts.Justice SM Subramaniam said upon Section 27 of the Protection of Women from Domestic Violence Act "unambiguously stipulates that aggrieved. The …

2 years, 1 month ago

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife

Live Law

Expressing a prima facie view, the Delhi High Court has said that the protection under Protection of Women from Domestic Violence Act, 2005 is not available to a husband or male member of the family, in view of sections 2 of the statute.Section 2 defines an “aggrieved person” as any woman who is, or has been, in a domestic relationship …

2 years, 1 month ago

Bombay HC Upholds Alimony Granted to Wife Under Domestic Violence Act after 'Customary Divorce'

News 18

A single-judge bench of the Bombay High Court of SG Mehare recently dismissed a revision plea filed by a husband while noting that he cannot claim that after customary divorce, the domestic relationship ceased, and the wife is not entitled to reliefs under the Domestic Violence Act. The order reads, “In other words, even if an aggrieved person is not …

2 years, 2 months ago

Woman Married To Gay Man 'Aggrieved Person' Under DV Act, Mumbai Court Upholds Order On Grant Of Maintenance To Wife

Live Law

Observing that the term 'aggrieved person' under the Domestic Violence Act wouldn't just include a woman who suffers physical abuse but also sexual, verbal and emotional abuse, a sessions court upheld an order directing a 'gay' man to pay maintenance to his estranged wife. "Considering the tenor of Section 3 of the Domestic Violence Act it can be clearly inferred …

2 years, 4 months ago

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce

Live Law

Observing that a woman who filed three criminal cases against her husband would be fully aware of the legal procedure, the Bombay High Court refused to set aside a divorce decree granted by the Family Court owing to her non-appearance. "The Appellant had knowledge of the legal procedure, having filed three criminal cases," the High Court bench observed, adding that …

2 years, 9 months ago

Denial Of Economic Support To Wife & Minor Son Amounts To 'Domestic Violence' Even If Parties Aren't Residing In Shared Household: Calcutta High Court

Live Law

The Calcutta High Court on Thursday observed that denial of economic support to the wife and the minor son constitutes 'domestic violence' under Section 3 of the Protection of Women from Domestic Violence Act, 2005 and that it is immaterial whether the parties are still residing in a shared household or not. Opining that denial of economic support would constitute …

2 years, 9 months ago

How Supreme Court's Recent Judgment Expands Rights Of Widows Under Domestic Violence Act?

Live Law

In the recent judgment of Prabha Tyagi v. Kamlesh Devi, the Supreme Court of India has made certain important observations with respect to scope of relief obtainable under the Domestic Violence Act, 2005 as well as the persons entitled to obtain such relief. Two important observations made by the court, which was specifically relevant to the issue of rights of …

2 years, 10 months ago

SC to the rescue of women victims of domestic violence

The Hindu

In an important verdict safeguarding the interest of women victims of domestic violence, the Supreme Court on Thursday gave a wide interpretation to the term ‘right to reside in a shared household’ under the law, holding it cannot be restricted to only actual matrimonial residence, but can be extended to other homes irrespective of right over the property. ‘Report not …

2 years, 10 months ago

Magistrate Can Decide Validity Of Talaq In Wife's Petition Under DV Act If Husband Disputes Their Marital Status: Kerala High Court

Live Law

The Kerala High Court has ruled that a Magistrate is empowered to decide the pela of talaq raised by the husband in his wife's petition filed under the Domestic Violence Act if he disputes their marital status on that ground. Justice Kauser Edappagath thereby allowed a criminal revision petition holding that the finding of the appellate court that the Magistrate …

2 years, 11 months ago

Order Of Restraint Against Husband Under Domestic Violence Act Does Not Preclude Family Court From Making Arrangement For Child Visitation: Delhi HC

Live Law

The Delhi High Court has observed that the ambit and extent of Protection of Women from Domestic Violence Act, 2005 and Family Courts Act, 1984, being two competing statutes, must be harmoniously construed so as to avoid a situation of repugnancy and conflict.Justice Yashwant Varma relied on a 2017 judgment of the Supreme Court in Amit Kumar and another v. …

3 years ago

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court

Live Law

The Kerala High Court has ruled that every transaction by either of the spouse or by both of them with the in-laws or relatives cannot be termed as 'in circumstances arising out of a marital relationship under the Family Courts Act, 1984. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas found that the impugned transaction in …

3 years, 2 months ago

Domestic Violence Act - Legal Representative Cannot Seek Monetary Reliefs On Behalf Of Deceased Woman : Bombay High Court

Live Law

The Bombay High Court has ruled that an aggrieved person, as defined under the Protection of Women from Domestic Violence Act, "must be alive at the time of filing of the petition", and someone cannot file an application for monetary reliefs under the act after her demise. The court also observed that the meaning of the word "aggrieved person" has …

3 years, 4 months ago

Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC

Live Law

The Allahabad High Court recently made it clear that the wife cannot be ousted from her matrimonial home on the basis of the summary proceedings under the Senior Citizens Act, 2007.With this, the Bench of Justice Vivek Chaudhary came to the aid of a widow by setting aside an eviction order passed against her and her son from her in-laws' …

3 years, 9 months ago

Delhi High Court Upholds Order Of Interim Maintenance To Alleged Live-In Partner Of Married Man Under DV Act

Live Law

The Delhi High Court recently upheld the order of an Additional Session Judge directing a married man to pay ad-interim maintenance under the Protection of Women from Domestic Violence Act, 2005 to a woman claiming to be his live-in partner. Findings At the outset, the Court observed that in order to maintain a petitioner under the DV Act, the aggrieved …

3 years, 9 months ago

Live In Relation- "Not For The Court To Judge Couple's Decision To Reside Together Without Sanctity Of Marriage": Punjab & Haryana High Court

Live Law

In a significant observation, the Punjab & Haryana High Court has observed that in a case wherein a couple has taken a decision to reside together without the sanctity of marriage then, it is not for the courts to judge them on their decisionThe Bench of Justice Sant Prakash was hearing the plea of the petitioners seeking protection of their …

3 years, 11 months ago

Recovery Proceeding Under Domestic Violence Act Only An Ancillary Proceeding, Not A Bar To Subsequent Adjudication By Family Court: Kerala High Court

Live Law

The Kerala High Court has held that recovery proceedings instituted under Section 20 of the Domestic Violence Act would not operate as a bar on a Family Court adjudication of the matter. The Court ruled that proceedings under the Domestic Violence Act were ancillary to the main inquiry of whether the woman faced domestic violence in the home. Laying stress …

4 years, 5 months ago

Relief of Right to Residence to Woman Under Domestic Violence Law 'Relevant' in Civil Courts, Says SC

News 18

In a significant verdict, the Supreme Court on Thursday held that the relief granting right to residence to a married woman under the domestic violence law by a criminal court is relevant and can be considered even in civil proceedings seeking her eviction from the matrimonial home. The top court, however, said, the interim order protecting the right to residence …

4 years, 6 months ago

Petition U/s 482 CrPC To Quash Proceedings U/s 12 Domestic Violence Act Not Maintainable: Kerala HC [Read Order]

Live Law

The Kerala High Court has observed that, a magistrate shall consider maintainability of the application filed under Section 12 of the Protection of Women from Domestic Violence Act, if such a contention is raised by the opposite party.A party against whom a proceedings is initiated under Section 12 of the Act cannot approach the High court for quashing the proceedings …

5 years ago

Filing of Criminal Case & Acquittal Therein Cannot Be Treated As Ground For Granting Divorce If It Was Not The Basis For Seeking Divorce: SC [Read Judgment]

Live Law

The Supreme Court has observed that filing of a criminal case by one of the parties to the marriage and the acquittal therein cannot be automatically treated as a ground for granting divorce if such a ground is not raised in the divorce petition. The Court said: "as on the date when the cause of action had arisen for the …

5 years, 1 month ago

Marital Status Of A Daughter Alone Not A Ground For Rejecting Claim For Compassionate Appointment: Reiterates Allahabad HC [Read Judgment]

Live Law

The Lucknow bench of the Allahabad High Court has reiterated that marital status of a daughter alone cannot be the ground for rejecting her application for compassionate appointment in terms of The U.P. A further writ in the nature of mandamus is issued commanding the opposite parties to reconsider petitioner's candidature for compassionate appointment ignoring her marital status." A similar …

5 years, 4 months ago

Wife Entitled To Relief Under DV Act Even After Divorce, If She Continues To Cohabit With Husband: Bombay HC [Read Jufgment]

Live Law

The Bombay High Court has held that ten years after the decree of divorce has been passed, wife is entitled to reliefs under the Domestic Violence Act if she continued to cohabit with her husband post-divorce. Justice Mangesh Patil of Aurangabad bench dismissed a criminal revision application filed by 46-year-old Atmaram Sanap who challenged two concurrent findings in proceedings initiated …

5 years, 7 months ago

Wife Of Trial Judge Writes To Bombay HC CJ Alleging Dowry Harassment By Husband, In-Laws; Inquiry Ordered

Live Law

Chief Justice Pradeep Nandrajog of Bombay High Court has forwarded a letter written by the wife of a sitting Civil Judge, Senior Division at Baramati to the registry in order to conduct a preliminary inquiry. In the said letter dated July 29, the 37-year-old woman has alleged they got married on May 8, 2007 and soon thereafter, her husband along …

5 years, 7 months ago

Relief Under Domestic Violence Act Can Be Sought Even After Obtaining A Maintenance Order U/s 125 CrPC: SC [Read Order]

Live Law

The Supreme Court has observed that mere passing of a 'maintenance' order under Section 125 of the Code of Criminal Procedure does not bar an 'aggrieved person' from seeking appropriate reliefs under the Protection of Women from Domestic Violence Act, 2005.The bench comprising Justice Dhananjaya Y. Chandrachud and Justice Indira Banerjee dismissed a special leave petition against a Delhi. The …

5 years, 11 months ago

Once Divorce Is Granted, Relief Can't Be Sought Under Domestic Violence Act: Bombay HC [Read Judgment]

Live Law

The Bombay High Court has held that once a decree of divorce has been granted, relief cannot be sought by the wife under the Domestic Violence Act. In the said judgment, the applicant wife's application under Sections 12 and 18 of the Protection of Women from Domestic Violence Act, 2005 was rejected. In 2009, the application under Sections 12 and …

5 years, 11 months ago

Bombay HC Refuses To Interfere With Family Court Order Directing 75-Yr-Old To Pay Rs.1L Compensation To 72-Year-Old Wife Under DV Act [Read Order]

Live Law

The Bombay High Court recently refused to interfere with an order of the family court directing a 75-year-old man to pay Rs.1 lakh in compensation to his 72-year-old wife under the Protection of Women from Domestic Violence Act, 2005. A division bench of Justice Akhil Kureshi and Justice Sarang Kotwal denied relief to Subhash Anand, the appellant husband who challenged …

6 years, 1 month ago

Wife Entitled To 'Residence Order' Only If She Establishes Domestic Violence: SC [Read Order]

Live Law

The Supreme Court upheld a Calcutta High Court judgment which held that entitlement of a wife to claim residence in the shared household is only when she could establish domestic violence. The High Court held that the wife was entitled to claim residence in the shared household only in case she established domestic violence, which she did not. While, setting …

6 years, 4 months ago

If Woman Is Forced To Leave Company Of Husband Due To Assault, Harassment, It’s Neglect On Part Of Husband To Maintain Wife: Bombay HC [Read Judgment]

Live Law

The Bombay High Court recently upheld an order passed by the Sessions Court in Pune allowing an application for maintenance filed under Section 125 of the CrPC by one Chandrabhaga Borhade, nearly 50 years after her marriage with Babanrao Borhade took place.Justice Mridula Bhatkar dismissed the criminal revision application filed by Babanrao challenging Sessions Court’s order allowing. The Bombay High …

6 years, 4 months ago

If Woman Is Forced To Leave Company Of Husband Due To Assault, Harassment, It’s Neglect On Part Of Husband To Maintain Wife: Bombay HC [Read Judgment]

Live Law

6 years, 5 months ago

Bombay HC Allows Transfer Of Proceedings In A Case Of Domestic Violence Due To Husband’s Fear From Wife And Relatives [Read Order]

Live Law

In an unusual case, the Bombay High Court has allowed transfer of proceedings from JMFC Shindkheda to JMFC Dhule in a case under the Domestic Violence Act as the applicant husband fears for his security from wife and her relatives.Justice AM Badar was hearing the application filed by the husband and said that justice would be served in transferring the …

6 years, 7 months ago

Woman can’t stay at in-laws’ house if she mistreats them: Delhi high court

Hindustan Times

A woman cannot have the right to stay at the property of her in-laws if she mistreats them, the Delhi high court said while dismissing the plea of a woman who allegedly subjected her in-laws to cruelty and torture. The Delhi high court dismissed the plea of a woman, Darshna, who had challenged the order of a district magistrate who …

6 years, 7 months ago

All Live-in Relationships Are Not Covered Under Provisions Of Domestic Violence Act: Bombay HC [Read Judgment]

Live Law

" It is only those relationships which qualify to be the relationship in the nature of marriage which are governed by that provision. In order to constitute such a relationship, a legal marriage between the two must be possible.”The Bombay High Court has held that in order to claim any relief under the provisions of the Domestic Violence Act, relations …

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