web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: PWDV Act Sec 17 – Right to reside in a shared household

Prabha Tyagi Vs Kamlesh Devi on 12 May 2022

Posted on May 20, 2022 by ShadesOfKnife

A division bench of Apex Court as follows,

From Para 52,

52. In view of the above discussion, the three questions raised in this appeal are answered as under:
“(i) Whether the consideration of Domestic Incidence Report is mandatory before initiating the proceedings under Domestic Violence Act, 2005 in order to invoke substantive provisions of Sections 18 to 20 and 22 of the said Act?” It is held that Section 12 does not make it mandatory for a Magistrate to consider a Domestic Incident Report filed by a Protection Officer or service provider before passing any order under the D.V. Act. It is clarified that even in the absence of a Domestic Incident Report, a Magistrate is empowered to pass both ex parte or interim as well as a final order under the provisions of the D.V. Act.
“(ii) Whether it is mandatory for the aggrieved person to reside with those persons against whom the allegations have been levied at the point of commission of violence?” It is held that it is not mandatory for the aggrieved person, when she is related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family, to actually reside with those persons against whom the allegations have been levelled at the time of commission of domestic violence. If a woman has the right to reside in the shared household under Section 17 of the D.V. Act and such a woman becomes an aggrieved person or victim of domestic violence, she can seek reliefs under the provisions of D.V. Act including enforcement of her right to live in a shared household.
“(iii) Whether there should be a subsisting domestic relationship between the aggrieved person and the person against whom the relief is claimed?” It is held that there should be a subsisting domestic relationship between the aggrieved person and the person against whom the relief is claimed vis-à-vis allegation of domestic violence. However, it is not necessary that at the time of filing of an application by an aggrieved person, the domestic relationship should be subsisting. In other words, even if an aggrieved person is not in a domestic relationship with the respondent in a shared household at the time of filing of an application under Section 12 of the D.V. Act but has at any point of time lived so or had the right to live and has been subjected to domestic violence or is later subjected to domestic violence on account of the domestic relationship, is entitled to file an application under Section 12 of the D.V. Act.

Prabha Tyagi Vs Kamlesh Devi on 12 May 2022

Citations : [2022 SCC ONLINE SC 607]

Other Sources :

https://indiankanoon.org/doc/85317640/

https://www.casemine.com/judgement/in/627eb23ab50db90fd1943198

https://www.indianemployees.com/judgments/details/prabha-tyagi-vs-kamlesh-devi

Right to residence under DV Act not restricted to actual residence; Domestic relationship not necessary to be subsisting at the time of filing of application: SC 


This decision (with respect to shared householding requirement in DV cases) overrules decision by Andhra Pradesh High Court here.


Index of DV Cases here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Domestic Incident Report is Optional in Case Under PWDV Act Landmark Case Legal Procedure Explained - Interpretation of Statutes Prabha Tyagi Vs Kamlesh Devi PWDV Act Sec 17 - Right to reside in a shared household Reportable Judgement or Order | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Kulvinder Singh Gehlot Vs Parmila on 22 Aug 2023 September 24, 2023
  • Judgments on Transfer Petitions September 23, 2023
  • Implementation of A4 paper usage in District Courts in Andhra Pradesh September 22, 2023
  • Showkat Aziz Zargar Vs Nabeel Showkat and Anr on 02 Sep 2022 September 18, 2023
  • Sumeet Vs Himani Sumeet Ninave Nee on 29 Mar 2023 September 15, 2023

Most Read Posts

  • In Re Policy Strategy for Grant of Bail (Guidelines Issued) on 31 Jan 2023 (3,030 views)
  • Sindhu Janak Nagargoje Vs The State of Maharashtra and Ors on 08 Aug 2023 (2,062 views)
  • Rakesh Raman Vs Kavita on 26 Apr 2023 (1,629 views)
  • Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023 (1,591 views)
  • Sana Nitish Kumar Reddy Vs State of Telangana on 26 April 2023 (1,452 views)
  • Captain Manjit Singh Virdi (Retd.) Vs Hussain Mohammed Shattaf and Ors on 18 May 2023 (1,284 views)
  • Rajan and Anr Vs The State of Madhya Pradesh and Anr on 17 Aug 2023 (1,174 views)
  • Dhananjay Mohan Zombade Vs Prachi Dhananjay Zombade on 18 Jul 2023 (1,153 views)
  • Swapan Kumar Das Vs State of West Bengal on 21 Aug 2023 (1,104 views)
  • Kantharaju Vs State of Karnataka on 17 Jul 2023 (905 views)

Tags

Reportable Judgement or Order (352)Legal Procedure Explained - Interpretation of Statutes (344)Landmark Case (330)2-Judge (Division) Bench Decision (285)Catena of Landmark Judgments Referred/Cited to (229)Work-In-Progress Article (217)1-Judge Bench Decision (187)Sandeep Pamarati (91)3-Judge (Full) Bench Decision (86)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (56)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (52)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (44)Not Authentic copy hence to be replaced (38)CrPC 482 - Quash (38)Advocate Antics (35)HM Act 13 - Divorce Granted to Husband (34)Rules of the Act/Ordinance/Notification/Circular (33)

Categories

Supreme Court of India Judgment or Order or Notification (656)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (300)High Court of Andhra Pradesh Judgment or Order or Notification (161)High Court of Delhi Judgment or Order or Notification (113)High Court of Bombay Judgment or Order or Notification (94)High Court of Karnataka Judgment or Order or Notification (73)High Court of Madras Judgment or Order or Notification (58)General Study Material (55)Assorted Court Judgments or Orders or Notifications (49)Prakasam DV Cases (46)High Court of Punjab & Haryana Judgment or Order or Notification (46)LLB Study Material (45)High Court of Allahabad Judgment or Order or Notification (43)District or Sessions or Magistrate Court Judgment or Order or Notification (42)Judicial Activism (for Public Benefit) (42)High Court of Kerala Judgment or Order or Notification (31)High Court of Madhya Pradesh Judgment or Order or Notification (28)High Court of Gujarat Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (20)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on All Reliefs from Judiciary
  • Anuj Rathi on All Reliefs from Judiciary
  • ShadesOfKnife on Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022
  • HARPREET KAUR on Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022
  • ShadesOfKnife on All Reliefs from Judiciary

Archives of SoK

  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (100)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • MIA (Miami) on 2023-10-10 October 10, 2023
    THIS IS A SCHEDULED EVENT Oct 10, 03:30 - 10:00 UTCSep 12, 05:40 UTCScheduled - We will be performing scheduled maintenance in MIA (Miami) datacenter on 2023-10-10 between 03:30 and 10:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • ORD (Chicago) on 2023-10-05 October 5, 2023
    THIS IS A SCHEDULED EVENT Oct 5, 03:00 - 10:00 UTCSep 26, 15:00 UTCScheduled - We will be performing scheduled maintenance in ORD (Chicago) datacenter on 2023-10-05 between 03:00 and 10:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • AKL (Auckland) on 2023-10-03 October 3, 2023
    THIS IS A SCHEDULED EVENT Oct 3, 12:00 - 20:00 UTCSep 26, 02:40 UTCScheduled - We will be performing scheduled maintenance in AKL (Auckland) datacenter on 2023-10-03 between 12:00 and 20:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 195.58.51.97 | SD September 26, 2023
    Event: Bad Event | Total: 100 | First: 2023-09-25 | Last: 2023-09-26
  • 45.116.226.93 | SD September 26, 2023
    Event: Bad Event | Total: 3,401 | First: 2017-12-04 | Last: 2023-09-26
  • 45.116.226.92 | SD September 26, 2023
    Event: Bad Event | Total: 3,652 | First: 2017-12-04 | Last: 2023-09-26
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 1200 access attempts in the last 7 days.

pixel