[Domestic Violence Act] 'Residence Order' Is Not An Embargo For Initiating Or Continuing Civil Proceedings In Relation To Same Subject Matter: SC [Read Judgment]
4 years, 2 months ago

[Domestic Violence Act] 'Residence Order' Is Not An Embargo For Initiating Or Continuing Civil Proceedings In Relation To Same Subject Matter: SC [Read Judgment]

Live Law  

The Supreme Court has held that the pendency of proceedings under Domestic Violence Act or any Residence order interim or final, passed under it, is not an embargo for initiating or continuing any civil proceedings, which relate to the subject matter of such orders/proceedings.The order passed under D.V. Act giving right of residence by interim or final order are binding in Civil Court proceedings and Civil court could not have taken any decision contrary to directions issued in D.V. Referring to the statutory provisions of the Domestic Violence Act, the bench observed that the initiation of the proceedings in Civil Court and relief available under Section 19 of the Act, 2005 is contemplated by the statutory scheme delineated by the Act, 2005 Section 17 itself contemplates eviction or exclusion of aggrieved person from a shared household in accordance with the procedure established by law. Act under Section 19 regarding right of residence is not an embargo for initiating or continuing any civil proceedings, which relate to the subject matter of order interim or final passed in proceedings under D.V.

Court Proceedings Judgment Violence Family Court Civil Trial Court Order Suit Act Passed Interim Civil Court Competent Jurisdiction Criminal Court Residence Section 19 2005 Section 26 Domestic Violence Act Section 19 Of The Act Civil Proceedings  residence  passed  matter  judgment  court  proceedings  suit  act  sc  dv  civil  relation  violence  2005  order  subject  interim  read

History of this topic

Appeal U/S 29 Domestic Violence Act Maintainable Against Magistrate's Interim Order; Appellate Court May Grant Interim Relief: Punjab & Haryana HC
1 year, 9 months ago

Appeal U/S 29 Domestic Violence Act Maintainable Against Magistrate's Interim Order; Appellate Court May Grant Interim Relief: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court held that an appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 is maintainable against interim order passed by Magistrate under Section 23 of the DV Act and the appellate court has power to pass interim order under section 29 of the DV Act. The respondent-husband filed an appeal …

Domestic Voilence Act | Proceedings Under Section 12 Of DV Act Cannot Be Equated With Lodging A Criminal Complaint : J&K&L High Court
2 years, 3 months ago

Domestic Voilence Act | Proceedings Under Section 12 Of DV Act Cannot Be Equated With Lodging A Criminal Complaint : J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Friday ruled that the proceedings under Section 12 of the Domestic Violence Act cannot be equated with lodging of a criminal complaint or initiation of prosecution and therefore a Magistrate, after obtaining the response from the husband and his relatives etc. Descending the controversy Justice Dhar observed that proceedings under Section …

Domestic Violence Act proceedings are basically civil in nature, rules Madras HC
2 years, 4 months ago

Domestic Violence Act proceedings are basically civil in nature, rules Madras HC

The Hindu  

The basic relief proceedings under the Protection of Women from Domestic Violence Act, 2005 are purely civil in nature though the Parliament had consciously empowered judicial magistrates to adjudicate the rights of victim women by predominantly adopting procedures prescribed under the Code of Criminal Procedure, the Madras High Court has held. It is only when there is a breach of …

Recovery Proceeding Under Domestic Violence Act Only An Ancillary Proceeding, Not A Bar To Subsequent Adjudication By Family Court: Kerala High Court
3 years, 8 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 …

Civil Appeal May Be Filed Against Family Court's Order Under Domestic Violence Act: Bombay High Court
3 years, 9 months ago

Civil Appeal May Be Filed Against Family Court's Order Under Domestic Violence Act: Bombay High Court

Live Law  

The Bombay High Court has held that the reliefs canvased under Sections 19 to 22 of the Domestic Violence Act are predominantly of the civil nature and there is no infirmity in filing a civil appeal against an order passed under the said provisions. Issue The issue before the Court was whether Appeal under Section 19 of the Family Courts …

Can Divorced Wife Claim Right To Residence Under Domestic Violence Act?
4 years, 2 months ago

Can Divorced Wife Claim Right To Residence Under Domestic Violence Act?

Live Law  

The Supreme Court in a recent judgment held that a woman can claim right to residence in the houses owned by relatives as well. Examining the provisions of the Act, the court held that an act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the respondent from the offence committed or to deny …

Relief of Right to Residence to Woman Under Domestic Violence Law 'Relevant' in Civil Courts, Says SC
4 years, 2 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 …

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