No Shared household hence no DVC.
Rajkishore Shukla Vs Asha Shukla on 22 September, 2015Citation:
Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/70402378/
The index page is here.
No Shared household hence no DVC.
Rajkishore Shukla Vs Asha Shukla on 22 September, 2015Citation:
Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/70402378/
The index page is here.
Justice Shri Seetarama Murthi has delivered this judgment.
4. (f) Coming next to the contention that the learned Magistrate ought not to have taken the case on file against the present petitioners for the reason that the petitioners have no ‘domestic relationship’ and that they have never shared the household or lived together in a shared household with the 2nd respondent and her husband, it is necessary to refer to the relevant provisions. Under Section 12 of the Act, an aggrieved person may present an application to the Magistrate seeking one or more reliefs under the Act.
A.K. Srinivasa Rao and 3 Ors Vs State of AP on 19 January, 2015
Citation:
Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/173889445/
The index page is here.
Here is a list of Judgments under Protection of Women from Domestic Violence Act 2005 and various facets of violence/cruelty within Matrimonial relationships under various Statutes even before this Act. Life Cycle of a Domestic Violence case under PWDV Act 2005 here.
Bare Act (along with Statement of Objects and Reasons) is here and Rules are here. A 2-judge bench of Supreme Court passed guidelines to handle multiple maintenance litigation here.
1971-1980
1981-1990
1991-2000
2001-2005
2006-2010
2011-2015
2016-2020
2021-2025
MASTER SITEMAP here.
No Shared household. DVC is not maintainable.
NS Leelavathi Vs R Shilpa Brunda on 11 December, 2019Citation:
Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/70402378/
The index page is here.
Hon’ble High Court of Patna has quashed the false DV case of the cunning grand-daughter, holding that there is no domestic relationship as there is no shared household between them.
Aditi was just 17 years old when she filed the complaint. The complaint had been filed through her father Arun Garg being the natural guardian.
Om Parkash Syngal and others Vs Aditi Garg on 01 December, 2015
Without residing in a shared household, the cunning ‘knife’ tried to grab Residence order. But Hon’ble Supreme Court caught hold of the fraud attempts and nullified them.
From Paras 17 and 18,
Manmohan Attavar Vs Neelam Manmohan Attavar on 14 July, 201717. The facts of the present case are that the respondent has never stayed with the appellant in the premises in which she has been directed to be inducted. This is an admitted position even in answer to a court query by the respondent during the course of hearing. The “domestic relationship” as defined under Section 2(f) of the DV Act refers to two persons who have lived together in a “shared household”. A “shared household” has been defined under Section 2(s) of the DV Act. In order for the respondent to succeed, it was necessary that the two parties had lived in a domestic relationship in the household. However, the parties have never lived together in the property in question. It is not as if the respondent has been subsequently excluded from the enjoyment of the property or thrown out by the appellant in an alleged relationship which goes back 20 years. They fell apart even as per the respondent more than 7 years ago. We may also note that till 22-2-2010 even the wife of the appellant was alive. We may note for the purpose of record that as per the appellant, he is a Christian and thus there could be no question of visiting any temple and marrying the respondent by applying “kum kum”, and that too when the wife of the appellant was alive.
18. We are thus unequivocally of the view that the nature of the ex parte order passed on 19-9-2016 permitting the respondent to occupy the premises of the appellant cannot be sustained and has to be set aside and consequently Civil Appeal No. 2500 of 2017 is liable to be allowed.
Citation: [(2017) 8 SCC 550]
Indiankanoon.org link: https://indiankanoon.org/doc/30306259/
The index page is here.
Landmark judgment from Apex Court setting record straight regarding the Shared Household. This is overruled in SC Ahuja case law here.
S.R. Batra and Anr Vs Taruna Batra on 15 December, 2006Indiankanoon.org Link: https://indiankanoon.org/doc/594165/
Citations: (2007) 3 SCC 169, 2007(2)ALD66(SC); 2007(1)AWC664(SC); 2007(3)CTC219; 136(2007)DLT1(SC); I(2007)DMC1SC; (2007)146PLR425; RLW2007(2)SC1546; 2006(13)SCALE652; 2007(1)LC0007(SC); 2007AIRSCW1088; AIR2007SC1118; (2007)2SCC(Cri)56; 2007(2)CivilLJ215(SC); 2007LawHerald(SC)92
The index page is here.
A landmark quash judgment by Hon’ble High Court of Andhra Pradesh, which laid down few criteria only under which DVC quash under CrPC 482 is maintainable.
From Para 13,
The next aspect is having regard to the fact that the reliefs provided under Section 18 to 22 are civil reliefs and enquiry under Sec. 12 of D.V. Act is not a trial of a criminal case, whether the respondents can seek for quashment of the proceedings that they were unnecessarily roped in and thereby continuation of the proceedings amounts to abuse of process of Court etc., pleas. In my considered view, having regard to the facts that the scheme of the Act which provide civil reliefs and the Magistrate can lay his own procedure by not taking coercive steps in general course and the enquiry being not the trial of a criminal offence, the respondents cannot rush with 482 Cr.P.C petitions seeking quashment of the proceedings on the ground that they were unnecessarily roped in. They can establish their non involvement in the matter and non-answerability to the reliefs claimed by participating in the enquiry. It is only in exceptional cases like without there existing any domestic relationship as laid under Section 2(f) of the D.V. Act between the parties, the petitioner filed D.V case against them or a competent Court has already acquitted them of the allegations which are identical to the ones leveled in the Domestic Violence Case, the respondents can seek for quashment of the proceedings since continuation of the proceedings in such instances certainly amounts to abuse of process of Court.
From Para 14,
Giduthuri Kesari Kumar And Others Vs State Of Telangana on 16 February, 201514) To sum up the findings:
i) Since the remedies under D.V Act are civil remedies, the Magistrate in view of his powers under Section 28(2) of D.V Act shall issue notice to the parties for their first appearance and shall not insist for the attendance of the parties for every hearing and in case of non-appearance of the parties despite receiving notices, can conduct enquiry and pass exparte order with the material available. It is only in the exceptional cases where the Magistrate feels that the circumstance require that he can insist the presence of the parties even by adopting coercive measures.ii) In view of the remedies which are in civil nature and enquiry is not a trial of criminal case, the quash petitions under Sec.482 Cr.P.C on the plea that the petitioners are unnecessarily arrayed as parties are not maintainable. It is only in exceptional cases like without there existing any domestic relationship as laid under Section 2(f) of the D.V. Act between the parties, the petitioner filed D.V. case against them or a competent Court has already acquitted them of the allegations which are identical to the ones leveled in the Domestic Violence Case, the respondents can seek for quashment of the proceedings since continuation of the proceedings in such instances certainly amounts to abuse of process of Court.
Citations: 2015 ALD CRL AP 2 470
Other Sources:
https://indiankanoon.org/doc/71870497/
https://www.casemine.com/judgement/in/5608f8dce4b01497111438bd
This decision (with respect to shared householding requirement in DV cases) seems to be overruled by Supreme Court here. This judgment was not considered in the SC judgment.
Index of all Domestic Violence Cases is here.
This is a quash judgment from Hon’ble High of Andhra Pradesh, wherein the DVC on relatives of husband are quashed on grounds that there is ‘no shared household’ and ‘no domestic relationship’ conditions.
P.Sugunamma And Others Vs State Of A.P. on 19 January, 20155. ( i) Coming back to the facts of the case, all the petitioners are residents of Prakasam District whereas the respondent is a resident of Hyderabad. There is nothing on record to show that the present petitioners had any domestic relationship and lived together with the 2nd respondent in a shared household at any point of time. Further after the proceedings in Crime No.204 of 2010 were quashed by this Court, by orders dated 04.10.2012, the present DV case is filed by the 2nd respondent.
6 . Viewed thus, this Court finds that the petitioners have made out valid and sufficient grounds to quash the proceedings against them in D.V.C.No.18 of 2012 on the file of VI Metropolitan Magistrate, Medchal, Ranga Reddy District.
7. Accordingly, the Criminal Petition is allowed. Consequently, the proceedings against the petitioners herein in D.V.C.No.18 of 2012 on the file of VI Metropolitan Magistrate, Medchal, Ranga Reddy District are hereby quashed.
Indiankanoon.org link: https://indiankanoon.org/doc/196776515/
Citation:
Earlier 498a case that was quashed is available here.
The index page is here.
Read Para 10 to know the arbitrary way Protection order is granted solely by the deposition of Knife, wherein husband is long dead to challenge it.
Yanamala Srilakshmi Vs Late Yanamala Ravi @ Ravindra on 14 February, 2018Now coming to the relief sought by the petitioner that is pertaining to maintenance and residential
orders, the allegation against the respondent as per P.W1 is that the respondent started harassing P.W1. On this aspect P.w1 elaborately deposed that about the harassment of R1 to R3 in her evidence. At one instance she and her child also confined in a room and not provided with food. After seven or eight days her parents came and saved their life. Subsequently she was treated by the parents now she is depending upon her parents mercy. Further coming to the aspect of Protection orders in view of above discussion, it is clear that the petitioner is entitled for Protection order.
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