Important Judgments on Domestic Violence Act 2005

Important Judgments on Domestic Violence Act 2005

Important Judgments on Domestic Violence Act 2005

  • Delhi High Court held that in order to fix liability upon a respondent, he must be a person who is or has been in domestic relationship with aggrieved person, in domestic violence case each and every relative of the husband cannot be made as a party respondent. Abdul Rub & Ors. vs Razia Begum– Delhi HC- Date of decision-04 October 2010-M.C.No. 4246/2009.
  • For Domestic Violence temporary residing doesn’t mean casual stay- the word “resident” means both a permanent dwelling as well as temporary living in a place, it does not include a flying visit to a particular place or casual stay. Advocate Ramesh vs State of Maharashtra– Bombay HC- Date of decision-13 June 2011. CRIMINAL WRIT PETITION NO.531 /2010.
  • An act of domestic violence cannot be committed on a divorced wife, who is not living with her husband or family and is free to live wherever she wants. Amit Agarwal And Ors vs Sanjay Aggarwal And Ors-Punjab-Haryana HC- 31 May 2016- Crl. Misc. No.M-36736 of 2014 (O&M).
  • Maintenance Claimed by wife on the basis of high status of husband not sufficient for interim maintenance-Amit Khanna vs Priyanka Khanna & Ors-Delhi HC- Date of decision -01 September 2010-Eqivalent Citation-2010 (119) DRJ 182.
  • Revisional power of High Court-
  1. Revisional power of High Court under 482 Cr.P.C held intact under the Domestic Violence
  2. Fraud avoids all judicial acts, ecclesiastical or temporal.

Chiranjeev Kumar Arya vs State Of U.P. & Another. Allahabad HC- Date of decision -29 June 2016- CRIMINAL REVISION No. – 879 of 2015.

  • Until the invalidation of marriage the wife is entitle to claim all benefits and protection available under the Domestic Violence Act 2005, Judgement against Husband, until marriage is declared null, wife is wife. Deoki Panjhiyara v. Shashi Bhushan Narayan Azad -Supreme Court- Date of decision-12 December 2012- Equivalent Citation- AIR(SC)- 2013-0-346, (2013) 2 SCC 137.
  • For Domestic Violence relationship in the nature of marriage is prerequisite. Relatives who did not share household can’t be made respondents. Dimple Khanna vs Anita Advani– Bombay HC- Date of decision-09 April 2015-CRIMINAL WRIT PETITION NO.4196 OF 2012.
  • Well Educated (Post Graduate) Woman (Daughter) can’t seek maintenance (for further high studies) unless Domestic Violence has occurred.- Geeta Singh Deo vs State Of RajasthanRajasthan HC – Jaipur- Date of decision-17 November 2016-S.B.Criminal Revision Petition No.670/2016.
  • Limitation of Domestic Violence is one year from cause of action. Gurudev Gurav vs Jayashree– Karnataka HC- Date of decision-08 January 2014-CRIMINAL PETITION NO.11476/2013.
  • In Domestic Violence protection order could be obtained only against a person who was in domestic relationship with the aggrieved person. Hima Chugh vs Pritam Ashok Sadaphule– Delhi HC- Date of decision-10 April 2013- Equivalent Citation- (2013) DMC 649 (Del.)
  • Domestic Violence can be filed by any woman on any relative who subjected her to Domestic Violence. Hiral P. Harsora And Ors vs Kusum Narottamdas Harsora And Ors– Supreme Court- Date of decision 06 October 2006- Equivalent Citation -(2016) 10 SCC 165.
  • Limitation of Domestic Violence is one year from cause of action. Inderjit Singh Grewal vs State Of Punjab & Anr– Supreme Court- Date of decision -23 August 2011- Equivalent Citation-AIR(SCW)-2011-0 6259, SCC-2011-12-588.
  • All live-in- relationships are not relationships in the nature of marriage.- Indra Sarma vs V.K.V.Sarma– Supreme Court- Date of decision -26 November 2013- Equivalent Citation -2013(4) K.L.T.763, AIR 2014 SC 309, 2013 (9) LRC 1 (SC).
  • Husband got divorce after a separation of one year. After divorce wife filed Domestic Violence hence not maintainable as Domestic Relation is absent. Jayesh Uttamrao Khairnar vs State of Maharashtra– Bombay HC-Aurangabad- Date of decision-07 September 2009- Equivalent Citation -2010 ALL MR (Cri) 2259.
  • Court evolved a formula for Interim Maintenance that if there are three dependents on the salary of husband, the husband would be entitled to half of the salary and the other two dependents would be entitled to remaining half. Joginder vs State Nct Of Delhi & Anr– Delhi HC- Date of decision-22 September 2010- Equivalent Citation-2010 (119) DRJ 349.
  • Domestic Incident Report from the Protection Officer is a must before passing orders under Sec 12 of Domestic Violence Act. Kiran Dutta vs State & Anr– Delhi HC- Date of decision-11 February 2014-CRL.M.C.3106/2008.
  • Wife already getting maintenance in Section 125 Cr.P.C, hence Domestic Violence dismissed. Wife has option to enhance maintenance in section 127 Cr.P.C. Rachna Kathuria vs Ramesh Kathuria– Delhi HC- Date of decision-30 August 2010- Equivalent Citation-2010 (7) R.C.R. (Cr.) 1748, 173 (2010) DLT 289.
  • No parallel relief in 125 Cr.P.C & Domestic Violence Act 2005 for maintenance. Renu Mittal vs Anil Mittal & Ors– Delhi HC- Date of decision-27 September 2010- Equivalent Citation-2010 (7) R.C.R. (Cr.).
  • Wife has no Right on Husband’s parent’s Property. R. Batra vs Taruna Batra– Supreme Court- Date of decision-15 December 2006- Equivalent Citation- I (2007) SLT 1.
  • Unemployed man cannot be forced to pay maintenance, Maintenance under Domestic Violence Act 2005 to be ordered as per Cr.P.C 125. Sanjay Bhardwaj & Ors. vs The State & Anr– Delhi HC- Date of decision-27 August 2010- Equivalent Citation-171 (2010) Delhi Law Times 644.
  • Domestic Violence can’t be filed after 1 year of Separation. Sejal Dharmesh Ved VS State of Maharashtra– Bombay HC- Date of decision-07 March 2013-Criminal Application No. 160 Of 2011.
  • Jurisdiction of the court would not be there where an aggrieved person starts residing deliberately only for the purpose of filing a case under domestic violence against respondent while the place has no relevance. Sharad Kumar Pandey vs Mamta Pandey– Delhi HC- Date of decision -01 September 2010-Crl.M.C.No.4044 of 2009.
  • Respondent in Domestic Violence Act 2005 can’t be arrested unless committed breach of a protection order. Sunitha vs State Of Kerala– Kerala HC- Date of decision 10 December 2010- Equivalent Citation-2011 [1] KLT 210.
  • In self-acquired property of Parent in-laws daughter in law has no right to live. Varinder Kaur vs Jitender Kumar And Anr– Punjab-Haryana HC- Date of decision-21 October 2016- RSA No.4398 of 2016 (O&M).
  • Family members of husband cannot be accused in Domestic Violence case when they did not share household. Varun Malik vs Payal Malik– Delhi HC- Date of decision-29 July 2010- Equivalent Citation-2011(1) Crimes (Del) 496.
  • Only violence committed by a person while living in the shared household can constitute Domestic Violence. Vijay Verma v. State N.C.T. of Delhi & Anr– Delhi HC-Date of decision-13 August 2010- Equivalent Citation-2010(3) LRC 291(DEL).
  • Magistrate should not blindly call all family members as accused. Vijaya Baskar vs Suganya Devi– Madras High Court- Date of decision-28 October 2010- Crl.O.P.(MD).No.10280 of 2010 and M.P.(MD) Nos.1 and 2 of 2010.

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Bhupendra Sharma

"Bhupendra Sharma is a practicing lawyer at Rajasthan High Court who completed his graduation from the University of Rajasthan. He has pursued his LLM from Acharya Nagarjuna University. He is also a degree holder in Master of Education and Master of Business Administration."