Supreme Court Annual Digest 2022- Domestic Violence Act, 2005

LIVELAW NEWS NETWORK

6 Feb 2023 6:20 AM GMT

  • Supreme Court Annual Digest 2022- Domestic Violence Act, 2005

    Protection of Women from Domestic Violence Act, 2005Protection of Women from Domestic Violence Act, 2005 - Appeal against the Madras HC judgment which quashed proceedings under Domestic Violence Act on the ground of limitation - Allowed - High Court was in error in observing that the application under Section 12 of the Act ought to have been filed within a period of one year of the alleged...

    Protection of Women from Domestic Violence Act, 2005

    Protection of Women from Domestic Violence Act, 2005 - Appeal against the Madras HC judgment which quashed proceedings under Domestic Violence Act on the ground of limitation - Allowed - High Court was in error in observing that the application under Section 12 of the Act ought to have been filed within a period of one year of the alleged acts of domestic violence. Kamatchi v. Lakshmi Narayanan, 2022 LiveLaw (SC) 370 : AIR 2022 SC 2932

    Protection of Women from Domestic Violence Act, 2005; Sections 2(f), 17 - The expression 'joint family' cannot be understood as understood in Hindu Law - The expression 'family members living together as a joint family', means the members living jointly as a family. In such an interpretation, even a girl child/children who is/are cared for as foster children also have a right to live in a shared household and are conferred with the right under Sub-Section (1) of Section 17 of the D.V. Act. When such a girl child or woman becomes an aggrieved person, the protection of Section 17(2) comes into play. (Para 36) Prabha Tyagi v. Kamlesh Devi, 2022 LiveLaw (SC) 474 : AIR 2022 SC 2331

    Protection of Women from Domestic Violence Act, 2005; Section 12 - The scope of notice under Section 12 of the Act is to call for a response from the respondent in terms of the Statute so that after considering rival submissions, appropriate order can be issued - The dictum in Adalat Prasad v. Rooplal Jindal (2004) 7 SCC 338 would not get attracted at a stage when a notice is issued under Section 12 of the Act. (Para 22) Kamatchi v. Lakshmi Narayanan, 2022 LiveLaw (SC) 370 : AIR 2022 SC 2932

    Protection of Women from Domestic Violence Act, 2005; Section 12 - 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 - 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. (Para 52, 42-44) Prabha Tyagi v. Kamlesh Devi, 2022 LiveLaw (SC) 474 : AIR 2022 SC 2331

    Protection of Women from Domestic Violence Act, 2005; Section 12 - Not mandatory for a Magistrate to consider a Domestic Incident Report filed by a Protection Officer or service provider before passing any order- 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 - The Magistrate is obliged to take into consideration any Domestic Incident Report received by him when the same has been filed from the Protection Officer or the service provider in a case where the application is made to the Magistrate on behalf of the aggrieved person through a Protection Officer or a service provider. (Para 52, 45-51) Prabha Tyagi v. Kamlesh Devi, 2022 LiveLaw (SC) 474 : AIR 2022 SC 2331

    Protection of Women from Domestic Violence Act, 2005; Section 12, 31 - Code of Criminal Procedure, 1973; Section 468 - If there be any offence committed in terms of the provisions of the Act, the limitation prescribed under Section 468 of the Code will apply from the date of commission of such offence. By the time an application is preferred under Section 12 of the Act, there is no offence committed in terms of the provisions of the Act and as such there would never be a starting point for limitation from the date of application under Section 12 of the Act. Such a starting point for limitation would arise only and only after there is a breach of an order passed under Section 12 of the Act. (Para 15) Kamatchi v. Lakshmi Narayanan, 2022 LiveLaw (SC) 370 : AIR 2022 SC 2932

    Protection of Women from Domestic Violence Act, 2005; Section 12, 31 - Filing of an application under Section 12 of the Act cannot be equated to lodging of a complaint or initiation of prosecution. (Para 20) Kamatchi v. Lakshmi Narayanan, 2022 LiveLaw (SC) 370 : AIR 2022 SC 2932

    Protection of Women from Domestic Violence Act, 2005; Section 17(1) - Every woman in a domestic relationship has a right to reside in the shared household even in the absence of any act of domestic violence by the respondent - She cannot be evicted, excluded or thrown out from such a household even in the absence of there being any form of domestic violence - She can accordingly enforce her right under Section 17(1) of the D.V. Act (Para 25-30,40) Prabha Tyagi v. Kamlesh Devi, 2022 LiveLaw (SC) 474 : AIR 2022 SC 2331

    Protection of Women from Domestic Violence Act, 2005; Section 17,19 - It is not mandatory for the aggrieved person to have actually lived or resided with those persons against whom the allegations have been levelled at the time of seeking relief. If a woman has the right to reside in a shared household, she can accordingly enforce her right under Section 17(1) of the D.V. Act. If a woman becomes an aggrieved person or victim of domestic violence, she can seek relief under the provisions of the D.V. Act including her right to live or reside in the shared household under Section 17 read with Section 19 of the D.V. Act. (Para 52, 22-41) Prabha Tyagi v. Kamlesh Devi, 2022 LiveLaw (SC) 474 : AIR 2022 SC 2331

    Next Story