Whether wife can claim reliefs under domestic violence Act even though there is no domestic violence to her?

Under the provisions of Act, 2005, aggrieved person can claim the relief of share envisaged in Sections 17, 18, 19, 20, 21 and 22. Under these sections, no right is created for an aggrieved person to claim arrears of rent or possession of disputed property. Even for claiming the reliefs under the above referred sections, the aggrieved person must prima facie establish that there is domestic violence as contemplated under Section 3 of the Act. This Court in KUPPILI SRIDHAR KUMAR AND OTHERS Vs.KUPPILI SIVA SANTOSHI AND ANOTHER ( ) held as follows:

One of the main ingredients which has to be prima facie established before claiming reliefs under the provisions of the said Act is that there should be domestic violence as contemplated under Section 3 of the Act.

Andhra High Court

Kolli Babi Sarojini And Others vs Kolli Jayalaxmi And Another on 29 April, 2014

HONOURABLE SRI JUSTICE S.RAVI KUMAR  

CRIMINAL REVISION CASE No.1160 OF 2008

Citation;2015 ALLMR(CRI)JOURNAL178

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