SOME IMPORTANT CITATIONS ON DOMESTIC VIOLENCE ACT

Ms. Ambreen Akhoon Vs. Shri Aditya Aurn Paudwal & Anr.2015(6) ALL MR 616

  Protection of Women from Domestic Violence Act (2005), S.26 - Proceedings u/S.26 - Relief can be sought against relative of husband in proceedings filed u/S.26 of DV Act before the Family Court - Court to consider it on merits

 Protection of Women from Domestic Violence Act (2005), S.26 - Party respondent - Relative of husband being respondent u/S.2(q) DV Act be made party respondent before Family Court if proceedings specified u/S.26 thereof are preferred.

 Jurisdiction of Family Court - If there is a specific provision under any other statute that such matters can also be entertained and tried by Family Court, then, the jurisdiction of Family Court can be extended to that effect.

 Minoti Subhash Anand Vs. Subhash Manoharlal Anand

2016(1) ALL MR 408

  Civil P.C. (1908), S.24 - Bombay High Court (Appellate Side) Rules (1960), R.6 - Family Courts Act (1984), S.7 - Transfer of proceedings - From Metropolitan Magistrate (dealing with application under DV Act) to Family Court - Permissibility - Contention raised that Metropolitan Magistrate is criminal court, it is not subordinate to HC on Civil Side and hence said HC cannot order the transfer of proceedings u/S.24 CPC and that such order can be made only on invocation of writ jurisdiction - Contention not tenable in view of R.6 of Appellate Side Rules - HC on Civil Side has power of superintendence over Metropolitan Magistrate - Transfer of said proceedings permissible u/S.24 without invoking Art.226 of Constitution.

 Civil P.C. (1908), S.24 - Protection of Women from Domestic Violence Act (2005), S.18 - Transfer of proceedings - Applicant wife before Metropolitan Magistrate, seeking protection u/S.18 of DV Act in respect of her matrimonial home - Whereas respondent husband before Family Court, inter alia, seeking relief of possession and injunction in respect of very same house - There may be common evidence regarding said house - If both the proceedings are allowed to proceed at different courts, there is likelihood of two conflicting opinions - To obviate such situation, transfer is necessary - Allowed. (Para

  Mr. Amit Satish Shah Vs. Mrs. Archana Amit Shah & Anr.2015(4) ALL MR 11

 Protection of Women from Domestic Violence Act (2005), Ss.12, 19, 26 - Domestic violence - Residence order at interim stage by family court - Is maintainable - It cannot be said that such an order can be made only at stage of final disposal of proceedings.

 Narendrakumar @ Nitinbhai Manilal Shah & Anr. Vs. State of Gujarat & Anr.2016 ALL MR (Cri) JOURNAL 398

 Protection of Women from Domestic Violence Act (2005), Ss.12, 18, 19, 20, 21, 22, 23, 31 - Criminal P.C. (1973), S.482 - Proceedings under DV Act - Quashing of - Applicability of S.482 Cr.P.C. - Held, remedies under DV Act except the one u/S.31 are not remedies under criminal law - Nor the use of expression 'violence' would render applications u/Ss.12, 17 to 24 as criminal proceedings - Therefore, mere use of provisions of Cr. P.C for limited purpose of Ss.12, 18 to 23 and 31 would not ipso facto attract S.482 Cr.P.C

 Syed Khizer Vs. Nikhat Parveen & Anr.2015 ALL MR (Cri) 3873

 Criminal P.C. (1973), S.125 - Maintenance to Muslim wife - Entitlement - Contention that as husband has pronounced Talak towards wife hence after Iddat period, wife is not entitled to any maintenance - Held, unless fact of Talaq is proved by adducing evidence on record, wife is entitled to get maintenance

 Juveria Abdul Majid Patni Vs. Atif Iqbal Mansoori & Anr.2015 ALL MR (Cri) 2912 (S.C.)

 Khula - Ex-parte pronouncement by Mufti - Whether effective - No specific pleading that wife proposed dissolution of marriage to husband along with an offer to give something in return - Husband challenged the purported khula/divorce before Family Court - Qazi was not approached - Held, no divorce can be said to have taken place in absence of pleading, evidence and finding. (Paras

 Om Parkash Syngal & Ors. Vs. Aditi Garg2016 ALL MR (Cri) JOURNAL 244

 Protection of Women from Domestic Violence Act (2005), S.3 - Domestic violence - Meaning - Only violence committed by a person while living in a shared household can constitute domestic violence - Acts of violence committed when one is living separate, may be punishable under provisions of IPC or other penal law but not under DV Act.

 Satpal Vs. Sheela & Anr.2016 ALL MR (Cri) JOURNAL 239

 Protection of Women from Domestic Violence Act (2005), S.12 - Criminal P.C. (1973), S.125 - Application u/S.12 of DV Act - Dismissal of application will not debar the proceedings u/S.125 Cr.P.C.

 Richa Arya Vs. State of NCT of Delhi & Anr.2016 ALL MR (Cri) JOURNAL 233

 Protection of Women from Domestic Violence Act (2005), Ss.12, 18, 19, 20, 21, 22, 23 - Hindu Marriage Act (1955), S.24 - Interim measure - Refusal to grant on premise that petitioner being granted maintenance pendent lite under divorce proceedings - Held, relief u/S.12 of DV Act is in addition to any other relief - It is not necessary that relief under DV Act can only be sought for in proceeding under DV Act - Same may also be sought for in any legal proceeding even before a civil court and family court apart from criminal court - Therefore, rejection of claim, held, not proper.

Mr. Prasad Janardan Kurade & Ors. Vs. Mrs. Nikita Prasad Kurade & Ors.2016 ALL MR (Cri) 2300

  Protection of Women from Domestic Violence Act (2005), S.28(2) - Production of documents - Procedure to be followed - Upon application for production of documents, opposite party directed to produce the document - Challenge raised that procedure under CrPC applies to proceeding under D.V. Act and there is no provision in Cr.P.C. to call upon opposite party to produce documents - Held, procedure u/S.28(2) has to be liberal one - It is not necessary that procedure laid down in Cr.P.C. only should be followed - Production of documents ordered for just and proper decision of case - Not to be interfered with.

 Mohd. Rafique Vs. State of Rajasthan & Ors.2016 ALL MR (Cri) JOURNAL 468

Protection of Women from Domestic Violence Act (2005), Ss.2(a), 12 - Aggrieved person - Claim for maintenance by Muslim woman - Contention that claimant was legally divorced and ceased to be an aggrieved person - In order to give divorce to his wife a Muslim husband required to pay her Mehar and Iddat amount - Respondent did not state that while forwarding divorce notice, wife was offered said amount - Therefore, said contention held, not sustainable on facts. (Para

 Om Parkash Syngal & Ors. Vs. Shimla Garg2016 ALL MR (Cri) JOURNAL 414

Protection of Women from Domestic Violence Act (2005), S.2(f) - Domestic relationship - Existence of - Once a family member leaves shared household and establishes his/her own household - Domestic relationship comes to an end - Such member cannot claim to have a right to move an application u/S.12 of DV Act.

 Domestic violence - Scope of - Only violence committed by a person while living in the shared household can constitute domestic violence.

 Mr. Dajvip V. Patkar Vs. Mrs. Vina D. Patkar2016 ALL MR (Cri) 1475

 Domestic Violence Act (2005), Ss.12, 20, 21, 26(3), 36 - Civil P.C. (1908), S.10 - Application for maintenance and custody of child - During pendency of criminal application in civil court - Maintainablility - Provisions of DV Act are in addition and not in derogation of any other law for time being in force - Notwithstanding pendency of similar applications before Civil Court, respondent wife cannot be precluded from taking recourse to remedy provided under DV Act - Principles akin to S.10 of CPC, not attracted - S.26(3) of the Act takes adequate care to avoid possibility of conflicting decisions/orders. 

Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari &2016 ALL MR (Cri) 3143 (S.C.)

 Protection of Women from Domestic Violence Act (2005), Ss.9B, 37(2)(c) - Amendment of complaint - Power of court to allow - If amendment becomes necessary in view of subsequent events or to avoid multiplicity of litigation - Court will have the power to permit such an amendment - However, such power has to be exercised sparingly with caution under limited circumstances. 2015 ALL MR (Cri) 2898 (S.C.) Ref. to. (Para

 Bharati Rajesh Bhave Vs. Vijay Shankar Bhave & Ors.2016(4) ALL MR 615

 Protection of Women from Domestic Violence Act (2005), S.19 - Right of residence - Wife cannot claim any independent right of residence in the self-acquired property of her father in law when her husband has not contributed for acquisition of property. 2007 ALL SCR 908 : 2007 ALL MR (Cri) 3589 (S.C.) MANU/DE/00021/2005.

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