Protection of Women from Domestic Violence Act 2005 Archives

‘Article 20(3) of Constitution not attracted’; Bombay HC orders wife to give voice sample to verify husband’s claim of extra marital affair

The Magistrate in the matters of domestic violence has the power to adopt the procedure as per Section 28(2) of the Protection of Women from Domestic Violence Act, 2005 and exercise of such power depends on the facts and circumstances of each case.

Case Briefs High Courts

Living together in a shared household through a relationship in ‘nature of marriage’ is also domestic relationship under DV Act: Delhi HC

In the present case, the allegation against the respondent (‘man’) was of domestic violence, while he lived in a shared household with the petitioner (‘woman’) for almost seven years in a domestic relationship, if not as a married couple but at least as a couple in the nature of marriage.

Case Briefs High Courts

‘No absolute right of residence can be claimed by wife’; Delhi High Court upholds order dispossessing wife from shared household

It is not a case where the wife is helpless or there is any endeavour to leave her on the road by taking away the roof from her head. The wife herself is an educated woman, who did her MBA and is also employed.

Case Briefs High Courts

‘Relationship was in nature of marriage’; Chhattisgarh HC upholds maintenance for a woman in live-in relationship who was unaware of her partner’s already existing marriage

In the present case, the woman has clearly stated that she was not aware about her partner’s marriage and his children. Further, the Trial Court as well as the Appellate Court has also stated that the relationship between them, fell under the category of domestic relationship.

Case Briefs High Courts

Daughter-in-law’s right to shared household under DV Act does not supersede right of senior citizen to seek relief under Senior Citizens Act in case of gross ill-treatment: Delhi HC

Mere fact that the mother may be physically unwell, does not compel her to accept the presence of those who, in her perception, have contributed to her distress. The Court cannot impose on the senior citizen a forced living arrangement against her will, especially when it has been found to be a source of her suffering.

Case Briefs High Courts

Issue of limitation cannot be decided without recording of evidence, once it becomes a mixed question of law and fact: Delhi High Court upholds Trial Court’s dismissal of Order 7 Rule 11

Delhi High Court held that the dismissal of the petitioner’s application under Order VII Rule 11 CPC was warranted, emphasizing the need to focus solely on the allegations in the plaint at the preliminary stage because the issues regarding limitation and adverse possession required further evidence and examination, which could not be resolved without a full trial.

Case Briefs High Courts

Domestic Violence Act focuses on providing immediate relief to victims through maintenance, not Imprisonment for non-payment of maintenance: Delhi High Court

“The Domestic Violence Act was enacted to offer certain civil remedies to the victims of domestic violence. These remedies encompass an array of protective measures, residence orders, and monetary reliefs, designed to address the multifaceted nature of abuse.”

Case Briefs High Courts

Bereft senior citizen in-laws have the right to maintain peaceful possession of self-acquired property; Delhi High Court affirms eviction order of daughter-in-law

While interpreting the provisions of Senior Citizens Act, 2007, the Courts must bear the objectives and purposes for which the statute was enacted.

Case Briefs Supreme Court

Daughter-in-law’s right to residence under DV Act versus right of in-laws to seek eviction under Senior Citizens Act, 2007| Here’s how SC solved the conundrum on these competing interests

“Rights in law can translate to rights in life, only if there is an equitable ease in obtaining their realization.”

Case Briefs High Courts

Del HC | “No exception to remedy against orders of custody under Domestic Violence Act”: Court dismisses S. 482 CrPC petition in view of S. 29 DV Act

Delhi High Court: Jyoti Singh, J., while addressing the maintainability and legality of a petition filed under Section 482 of Criminal Procedure Code,

Case Briefs High Courts

Del HC | Legislature provides remedy of Appeal under S. 29 of Protection of Women from Domestic Violence Act against all orders

Delhi High Court: Jyoti Singh, J., while addressing a matter with regard to “custody order” as being the primary relief, held that, Legislature

Case Briefs High Courts

Del HC | Details of listing of husband’s business on various websites held sufficient for making prima facie assessment in favour of wife for grant of maintenance under DV Act

Delhi High Court: Sanjeev Sachdeva, J. allowed a petition filed by the petitioner-wife against the order of the appellate court whereby it had

Case Briefs High Courts

Question of facts cannot be adjudicated upon under Section 482 CrPC; death of husband not to result in abatement of proceedings under DV Act

Delhi High Court: A Single Judge Bench comprising of R.K. Gauba, J. dismissed a criminal petition filed under Section 482 CrPC for