DV Act | Visits Of Sundry Family Members To Matrimonial Home Without Permanency Would Not Render Them As Members Of Shared Household: Delhi HC
2 years, 11 months ago

DV Act | Visits Of Sundry Family Members To Matrimonial Home Without Permanency Would Not Render Them As Members Of Shared Household: Delhi HC

Live Law  

The Delhi High Court has observed that the visits of sundry family members to the matrimonial home, without permanency or the intention to treat the premises as shared household, would not render them as members of the "shared household" under Domestic Violence Act. Justice Prateek Jalan observed thus: "Just as the woman living fleetingly or casually at different places, would not convert those places into a "shared household", the visits of sundry family members to the matrimonial home, without permanency or the intention to treat the premises as shared household, would not render them as members of the "shared household"." The Court was dealing with a plea filed by a wife challenging an order of the Metropolitan Magistrate, Mahila Court to the extent that summons in her complaint under the Protection of Women from Domestic Violence Act, 2005 were not issued to the respondent Nos. "While the above observations of the Court are in the context of the place of residence of the "aggrieved person", it would equally apply to the identification of those who may be properly impleaded as respondents on the basis of residence in the shared household," it added.

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History of this topic

Woman's Plea For Right To Shared Household Maintainable Even In Absence Of Domestic Violence: Delhi High Court
1 month ago

Woman's Plea For Right To Shared Household Maintainable Even In Absence Of Domestic Violence: Delhi High Court

Live Law  

The Delhi High Court has observed that a woman's claim seeking right to shared household under Section 17 of the Protection of Women from Domestic Violence Act 2005 is valid even in the absence of domestic violence. Justice Neena Bansal Krishna thus ruled that an application/complaint under Section 12 of the Act before the Magistrate is maintainable even if there …

DV Act | Husband's Relatives Who Don't Even Live In Shared Household Are Implicated In Cases For Harassment: Allahabad HC
2 months ago

DV Act | Husband's Relatives Who Don't Even Live In Shared Household Are Implicated In Cases For Harassment: Allahabad HC

Live Law  

The Allahabad High Court recently observed that in many cases, to harass the husband's family or the person in a domestic relationship, the aggrieved party implicates relatives who have never lived with them in the shared household. A bench of Justice Arun Kumar Deshwal added that while issuing notice under Section 12 of the Domestic Violence Act, the courts must …

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court
2 months, 2 weeks 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 …

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties
3 months, 1 week ago

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties

Live Law  

The Delhi High Court has recently directed all the Family Courts in the national capital to ensure that the cross-examinations of witnesses are completed as expeditiously as possible, without causing any undue harassment or embarrassment to the parties.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee observed that the Family Courts should ensure that the. The Delhi …

Delhi HC grants man divorce over wife repeatedly leaving matrimonial home
11 months, 4 weeks ago

Delhi HC grants man divorce over wife repeatedly leaving matrimonial home

Hindustan Times  

NEW DELHI: A woman repeatedly leaving her matrimonial home for no fault attributable to the husband amounts to cruelty, a ground for divorce, the Delhi high court said in a recent verdict granting divorce to the couple. In its 23-page verdict, a bench of justices Suresh Kumar Kait and Neena Bansal Krishna allowed the husband’s petition against the family court’s …

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate
1 year ago

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate

Live Law  

The Delhi High Court has observed that unfortunate are the matrimonial disputes where the “fountain head of friction” inter se the spouses is mere lack of adjustment, understanding and the will to stay together. “These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the …

Married Sister-In-Law Who Frequently Visits House Not In Domestic Relationship With Complainant: Bombay High Court Quashes Domestic Violence Case
1 year, 1 month ago

Married Sister-In-Law Who Frequently Visits House Not In Domestic Relationship With Complainant: Bombay High Court Quashes Domestic Violence Case

Live Law  

The Bombay High Court quashed a domestic violence case against a woman's married sister-in-law observing that the sister-in-law visiting frequently to the household of the complainant without any permanency is not sufficient to constitute residence in shared household. However, the Metropolitan Magistrate Court at Girgaon, Mumbai, dismissed the application against the petitioner, holding that there was no domestic relationship between …

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

While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court
1 year, 6 months ago

While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court

Live Law  

The Delhi High Court has observed that while looking at acts of 'mental cruelty', the courts must look at the married life of a couple as a whole and not merely a few isolated incidents.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna also observed that mere filing of an FIR by wife is not sufficient …

Wife's Insistence To Live Separately From Husband's Family Without Reason Constitutes 'Cruelty': Delhi High Court
1 year, 7 months ago

Wife's Insistence To Live Separately From Husband's Family Without Reason Constitutes 'Cruelty': Delhi High Court

Live Law  

The Delhi High Court has held that wife's insistence to live separately from other family members of the husband without any justifiable reason can be termed as an act of 'cruelty'.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna added that such acrimonious atmosphere at home cannot be a conducive environment for a married couple to …

Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court
1 year, 10 months ago

Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court

Live Law  

The Delhi High Court has ruled that a daughter in law does not have an indefeasible right in a “shared household” and that the in-laws cannot be excluded from the same.“Thus, the concept of ‘shared household’ clearly provides that the right of the daughter-in-law in a shared household is not an indefeasible right and cannot be to the exclusion of …

Family Courts Expected To Not Adopt Hyper-Technical Approach And Close Party’s Right To Cross Examination In Hurried Manner: Delhi High Court
1 year, 10 months ago

Family Courts Expected To Not Adopt Hyper-Technical Approach And Close Party’s Right To Cross Examination In Hurried Manner: Delhi High Court

Live Law  

The Delhi High Court has observed that the family courts are expected to not adopt a “hyper-technical approach” and close the right of cross examination of a party in a hurried manner while dealing with matrimonial cases.Justice Rekha Palli made the observation while setting aside an order passed by the family court rejecting a wife’s application for restoration of her …

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife
2 years, 2 months 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 …

S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC
2 years, 8 months ago

S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC

Live Law  

The Delhi High Court has held that the words "circumstances arising out of marital relationship" used in reference to filing of suit for injunction under Clause of the explanation to Section 7 of the Family Courts Act, 1984 would include not only the husband and wife but may also include the parents-in-law. The petitioner herein had responded to this suit …

SC to the rescue of women victims of domestic violence
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 …

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

What Is The Special Role That A Family Judge Is Obliged To Discharge As Distinct From General Role Of An Adjudicator? Delhi High Court Answers
2 years, 11 months ago

What Is The Special Role That A Family Judge Is Obliged To Discharge As Distinct From General Role Of An Adjudicator? Delhi High Court Answers

Live Law  

The Delhi High Court has enumerated various principles highlighting the special role that a Family Judge is obligated to discharge as distinct from the general role of an adjudicator. Perusing the order dated 28nd October 2021 wherein it was argued by the petitioner that the Family Judge incorrectly recorded that it was the petitioner who was describing the child borne …

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

Mere Fleeting Or Casual Living At Different Places Does Not Make A 'Shared Household' U/s 2(s) Domestic Violence Act: SC [Read Judgment]
4 years, 5 months ago

Mere Fleeting Or Casual Living At Different Places Does Not Make A 'Shared Household' U/s 2(s) Domestic Violence Act: SC [Read Judgment]

Live Law  

While overruling the 2006 SR Batra judgment which had adopted restrictive interpretation of 'shared household', the Supreme Court has clarified that the 'shared household' under Section 2 of Domestic Violence Act means the shared household of aggrieved person where she was living at the time when application was filed or in the recent past had been excluded from the use …

[Domestic Violence Act] Wife Entitled To Claim Right Of Residence Which Belongs To Relatives Of Husband Also: SC Overrules Its 2006 'SR Batra' Judgment [Read Judgment]
4 years, 5 months ago

[Domestic Violence Act] Wife Entitled To Claim Right Of Residence Which Belongs To Relatives Of Husband Also: SC Overrules Its 2006 'SR Batra' Judgment [Read Judgment]

Live Law  

A wife is also entitled to claim a right to residence in a shared household belonging to relatives of the husband, the Supreme Court has held on Thursday in an important judgment overruling the 2006 judgment in S.R. : Whether definition of shared household under Section 2 of the Protection of Women from Domestic Violence Act, 2005 has to be …

Woman Has Right To Residence In Matrimonial Home, Irrespective Of Whether She Has Any Proprietary Right: Bombay HC [Read Judgment]
7 years, 5 months ago

Woman Has Right To Residence In Matrimonial Home, Irrespective Of Whether She Has Any Proprietary Right: Bombay HC [Read Judgment]

Live Law  

Allowing a petition filed against an order of the family court, the Bombay High Court has held that under the Protection of Women from Domestic Violence Act, 2005, any woman has a right to reside in her matrimonial home or shared household, irrespective of whether she has any right, title or interest in the said household or not.Justice Shalini Phansalkar …

Maintenance Under DV Act Cannot Be Denied Solely Because The Grievance Arose In Second Marriage: Delhi HC [Read Judgment]
7 years, 7 months ago

Maintenance Under DV Act Cannot Be Denied Solely Because The Grievance Arose In Second Marriage: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court recently set aside a lower Court order, which had denied maintenance to the wife under the Protection of Women from Domestic Violence Act, 2005 solely because she was married before.“The incidences of domestic violence have been enumerated in Section 3 of the Act which defines domestic violence and it includes physical, verbal, emotional and economic abuse. …

Adjudication in Marital disputes is riddled with complications: Delhi HC [Read Judgment]
8 years, 7 months ago

Adjudication in Marital disputes is riddled with complications: Delhi HC [Read Judgment]

Live Law  

Cautioning against the overwhelming nature of evidentiary material in such pleadings, the court stated that factors of each case must be considered, and accusations and allegations must be viewed in the context in which they were made. Pointing out that divorce petitions are mostly rigged with exaggerated allegations against the spouse, the Delhi High Court on Friday held that ‘the. …

Delhi HC issues Landmark Guidelines to protect Right to Privacy in Family Matters [Read the Judgment]
9 years, 9 months ago

Delhi HC issues Landmark Guidelines to protect Right to Privacy in Family Matters [Read the Judgment]

Live Law  

Hearing an appeal under the Family Courts Act, the Division Bench of the Delhi High Court has said that “lawyers are expected to act with professional responsibility in cases that involve disclosure of private and personal information. Mehta gave multiple directions in the judgment including, “Where a party in a case seeks to rely upon a document which in his …

Pendency of Proceedings under Domestic Violence Act, not a ground to deny Appointment; Delhi HC [Read the Judgment]
10 years, 10 months ago

Pendency of Proceedings under Domestic Violence Act, not a ground to deny Appointment; Delhi HC [Read the Judgment]

Live Law  

A Division Bench of the Delhi High Court has set aside a single bench Judgment regarding the cancellation of the appointment order of a woman who has a Domestic Violence Case pending against her. The High Court in its significant judgment in Nidhi Kaushik v.s Union of India, ruled that Domestic Violence Cases under Section 12 of the Domestic Violence …

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