Domestic Violence Act: All India Annual Digest 2024

Supreme Court:DV Act |When Can Order Passed Under S.12 Be Modified/Altered Due To Change In Circumstances? Supreme Court ExplainsCase Details : S Vijikumari v. Mowneshwarachari CCitation : 2024 LiveLaw (SC) 745The Supreme Court, in a recent judgment, has explained when Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 can be invoked to seek the alteration, modification or revocation of an order passed by the Magistrate under Section 12 of the Act.The bench comprising Justices BV Nagarathna and N Kotiswar Singh observed that the scope of Section 25(2) of the Act is broad enough to deal with all nature of orders passed under the Act, which may include orders of maintenance, residence, protection, etc.Domestic Violence Act Applicable To Every Woman In India Irrespective Of Her Religious Affiliation & Social Background : Supreme CourtCase Details : S Vijikumari v. Mowneshwarachari CCitation : 2024 LiveLaw (SC) 745The Supreme Court has observed that the Protection of Women from Domestic Violence Act, 2005 is applicable to every woman in India irrespective of her religious affiliation."The Act is a piece of Civil Code which is applicable to every woman in India irrespective of her religious affiliation and/or social background for a more effective protection of her rights guaranteed under the Constitution and in order to protect women victims of domestic violence occurring in a domestic relationship," observed a bench comprising Justices BV Nagarathna and N Kotiswar Singh.Allahabad High Court:Remedies Sought Under Domestic Violence Act Of Civil Nature, Amendment To Application U/S 12 Are Allowed: Allahabad High CourtCase Title: Saleem Ahmad vs. State Of Up And 2 Others 2024 LiveLaw (AB) 361 [MATTERS UNDER ARTICLE 227 No. 339 of 2024]Citation: 2024 LiveLaw (AB) 361The Allahabad High Court has held that proceedings under Chapter IV of the Domestic Violence Act, 2005 are civil in nature and amendments to applications made to the Magistrate under Section 12 of the Act are allowed to be made.“The proceedings before the Magistrate relating to reliefs claimed under Chapter IV of the D.V. Act, having been held essentially to be of a civil nature, the power to amend the complain/application would have to be read in relevant statutory provisions, as a necessary concomitant,” held Justice Dr.Yogendra Kumar Srivastava.Petition U/S 482 CrPC Not Maintainable For Challenging Proceedings U/S 12 Domestic Violence Act: Allahabad High CourtCase title - Suman Mishra vs. The State Of U.P And Ors 2024 LiveLaw (AB) 481Case title - 2024 LiveLaw (AB) 481The Allahabad High Court has said that a petition under Section 482 CrPC challenging the proceedings under Section 12 of the Domestic Violence Act 2005 (DV Act) is not maintainable.A bench of Justice Om Prakash Shukla held thus, heavily relying upon the rulings of the Supreme Court (in Kamatchi vs Laxmi Narayanan, 2022 LiveLaw (SC) 370) and the Madras High Court (in Arul Daniel vs Suganya and other connected matters 2022 LiveLaw (Mad) 467).In Multiple Matrimonial Proceedings, Plea Claiming Higher/ Highest Maintenance Must Be Decided First: Allahabad High CourtCase Title: X v. YCase citation : 2024 LiveLaw (AB) 643Referring to the Supreme Court's decision on multiple deductions towards maintenance amount, the Allahabad High Court has said that in matrimonial disputes if there are multiplicity of maintenance proceedings under different legislations, the plea claiming the highest maintenance must be decided first by the concerned court.The observation came in an army personnel's plea who claimed that though money was being directly deducted towards maintenance from his salary under an army order, however the wife had gone on to again seek maintenance under two separate proceedings–one under the Hindu Marriage Act and the other under the Domestic Violence Act. As this was allowed by the family court through two different orders, the man approached the high court.Bombay High Court: Domestic Violence Complaint Maintainable Against Daughter-In-Law But Not Maintainable Against Her Father, Brother: Bombay High CourtCase Title: Zeba Mohasin Pathan @ Zeba Easak Pathan v. State of MaharashtraCitation: 2024 LiveLaw (Bom) 7The Bombay High Court held that a complaint filed by a mother-in-law (MIL) against her daughter-in-law (DIL) under the Protection of Women from Domestic Violence Act, 2005 (DV Act) is maintainable. However, it quashed the complaint against the daughter-in-law's father and brother.“While the object and purpose of the DV Act is to protect a woman from domestic violence, it does not confer a right on a mother-in-law to prosecute the father and brother of her daughter-in-law under the DV Act,” the judge observed.Justice Dr. Neela Gokhale partly allowed a petition filed by the DIL, her father and brother challenging a DV complaint filed by the woman's MIL before the Judicial Magistrate First Class, Koregaon, Satara.Married Sister-In-Law Who Frequently Visits House...

Domestic Violence Act: All India Annual Digest 2024

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