Wife Entitled To 'Residence Order' Only If She Establishes Domestic Violence: SC [Read Order]

Ashok Kini

29 Jan 2019 8:34 PM IST

“Unless it is satisfactorily established that domestic violence has taken place neither any protection order under Section 18 nor any residence order under Section 19 nor any order for monetary relief under Section 20 nor any compensation order under Section 22 of the Protection of Women from Domestic Violence Act, 2005 should be passed.” (Calcutta HC)

The Supreme Court upheld a Calcutta High Court judgment which held that entitlement of a wife to claim residence in the shared household is only when she could establish domestic violence. The Apex court bench comprising Justice L Nageswara Rao and Justice MR Shah dismissed a special leave petition filed by the 'wife' against Calcutta High Court order. In this case, the wife...

Wife Entitled To 'Residence Order' Only If She Establishes Domestic Violence: SC [Read Order]

Ashok Kini

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