1) Supreme Court: Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act
In a complaint filed under the Protection of women from Domestic Violence Act, 2005, it is not open to the Court to impose such onerous conditions upon the appellant, who claims to be a victim of domestic violence. What the Appellate Court and the High Court have ordered are actually in the nature of penalty for the appellant not proceeding with the trial. In the first instance, it is impermissible in law.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. ... of 2023 (Arising out of SLP (Criminal) No. 1090 of 2023)
Date of Order: 17.02.2023
Bhawna Vs. Bhay Ram and Ors.
Hon'ble Judges/Coram:
V. Ramasubramanian and Pankaj Mithal, JJ.
Citation: MANU/SCOR/30999/2023.
https://www.lawweb.in/2023/11/supreme-court-courts-should-not-impose.html
2) Whether a woman can claim right of residence in shared household even if she is not in domestic relationship at the time of filing of application?
It is held that 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. In other words, 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.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 511 of 2022
Decided On: 12.05.2022
Prabha Tyagi Vs. Kamlesh Devi
Hon'ble Judges/Coram:
M.R. Shah and B.V. Nagarathna, JJ.
Author:B.V. Nagarathna, J.
Citation: MANU/SC/0631/2022,2022/INSC/563.
https://www.lawweb.in/2023/12/whether-woman-can-claim-right-of.html
3) Whether woman can claim relief against her in laws even if she has never resided with them?
It is held that it is not mandatory for the aggrieved person, when she is related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family, to actually reside with those persons against whom the allegations have been levelled at the time of commission of domestic violence. If a woman has the right to reside in the shared household Under Section 17 of the D.V. Act and such a woman becomes an aggrieved person or victim of domestic violence, she can seek reliefs under the provisions of D.V. Act including enforcement of her right to live in a shared household.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 511 of 2022
Decided On: 12.05.2022
Prabha Tyagi Vs. Kamlesh Devi
Hon'ble Judges/Coram:
M.R. Shah and B.V. Nagarathna, JJ.
Author:B.V. Nagarathna, J.
Citation: MANU/SC/0631/2022,2022/INSC/563.
https://www.lawweb.in/2023/12/whether-woman-can-claim-relief-against.html
4) Whether a woman who has accepted alimony under Customary divorce is entitled to get maintenance under Domestic violence Act?
Therefore, the respondent cannot claim that after the
customary divorce, the domestic relationship ceased, and the
applicant is not entitled to the reliefs under D.V. Act.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO.290 OF 2018
Gajanan S/o Parashram Rathod Vs Surekha Gajanan Rathod,
CORAM : S. G. MEHARE, J.
PRONOUNCED ON : 24.01.2023.
Citation: 2023 Lawweb (Bom HC ) 7.
https://www.lawweb.in/2023/01/whether-woman-who-has-accepted-
5) Under which circumstances the Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House?
Admittedly, the Revision Petitioner No.1 is the
husband of the respondent. However, the Revision Petitioner is living with first wife. Taking note of these aspects of the matter directing the respondent to stay in the same house in a separate room would not be feasible practically and it may give rise to further displeasure among the parties resulting in civil/criminal litigation. {Para 5}
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
CRIMINAL REVISION PETITION NO. 200071 OF 2016 (397)
SUNIL KUMAR S/O SAMUEL AND ORS Vs ELIZABETH W/O SUNIL KUMAR
BEFORE
MR JUSTICE V SRISHANANDA
DATED: 7TH DAY OF FEBRUARY, 2023.
https://www.lawweb.in/2023/03/under-which-circumstances-court-can.html
6) Whether the court can grant maintenance to wife under DV Act on the ground of neglect and refusal if she has failed to prove domestic violence?
There were no provisions in the Domestic Violence Act to test the refusal and neglect to maintain. The concept of domestic violence is specific as provided in D.V. Act. It could not be compared with the concept of Section 125 of Criminal Procedure Code. She never pleaded that the applicant/husband refused and neglected her.
It was not also the issue before the trial Court. Therefore, this Court is of the view that the subordinate appellate Court cannot travel beyond the pleading and the laws involved in the case. Considering the concept of refusal and neglect and granting the maintenance to wife in D.V. Act case is out of jurisdiction and exaggeration. The order of the learned Additional Sessions Judge, Bhokar is illegal, erroneous and improper and liable to be set aside.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO.233 OF 2018
Sunil Vs Jayashri
CORAM : S.G. MEHARE, J.
DATED : MARCH 16, 2023.
https://www.lawweb.in/2023/12/whether-court-can-grant-maintenance-to.html
7) Can a transgender person who underwent surgery to change gender to female file a complaint under the Domestic Violence Act?
in my opinion, the Transgender who has performed surgery to change gender to a female, needs to be termed as an aggrieved person within the meaning of Section 2(a) of the Domestic Violence Act, 2005. It is, therefore, held that a person who has exercised his right to decide the self-identified gender of women is an aggrieved person within the meaning of Section 2(a) of the Domestic Violence Act, 2005.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4037 OF 2021
Vithal Manik Khatri V/s. Sagar Sanjay Kamble @ Sakshi Vithal
Khatri and Anr
CORAM : AMIT BORKAR, J.
DATED : MARCH 16, 2023.
Citation: 2023 Lawweb (Bom HC ) 15.
https://www.lawweb.in/2023/04/can-transgender-person-who-underwent.html
8) What is the duty of the session court while deciding a revision against an order passed by a magistrate in the Domestic Violence Act?
In order to seek relief under D.V. Act, the aggrieved person has to prove or prima facie show that there was domestic violence. That compelled him or her to seek relief under the said Act. Domestic violence is sine-qua-non for considering the application under the D.V. Act. In this case, the wife has been residing separately since 2005 from her husband. She never claimed maintenance under either the law or by her own petition. She is getting the interim maintenance of Rs.1,000/- in the divorce petition filed by the husband. It is yet not concluded.
9. Perusal of the order passed by the learned Judicial Magistrate, this Court is of the view that it is well-reasoned order and with correct findings that the respondent/wife failed to prove the domestic violence.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO.36 OF 2020
Murlidhar Vs Sangita
CORAM : S.G. MEHARE, J.
DATED : MARCH 09, 2023.
Citation: 2023 Lawweb (Bom HC ) 15.
https://www.lawweb.in/2023/04/what-is-duty-of-session-court-while.html
9) Can a Muslim Woman Seek Maintenance under the Domestic Violence Act Even After Divorce?
Criminal Revision Application No. 131 of 2022
Decided On: 09.06.2023
Ahsanullah Vs. Shahana Parvin
Hon'ble Judges/Coram:
G.A. Sanap, J.
Citation: MANU/MH/2036/2023.
https://www.lawweb.in/2023/06/can-muslim-woman-seek-maintenance-under.html
10) Whether the court should quash complaint under Domestic violence Act if complainant fails to cite detailed particulars of domestic violence?
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No. 266 of 2020
Decided On: 05.01.2023
Girish Prasad Mishra and Ors. Vs. Lopamudra Kar
Hon'ble Judges/Coram:
Sashikanta Mishra, J.
Citation: MANU/OR/0014/2023.
https://www.lawweb.in/2023/12/whether-court-should-quash-complaint.html
11) Whether provisions of S 468 of CRPC are applicable to Domestic violence Act proceeding before the stage of S 32 of said Act?
This Court is of the view that Section 468 of Cr.P.C.
has applicability in the matter of Domestic Violence only at the stage of applicability of Section 32 of Domestic Violence Act where question of taking cognizance is involved. So far as applicability of Section 468 of Cr.P.C. is concerned, this section shall not apply in Domestic Violence Act prior to Section 32 of Domestic Violence Act.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.993 of 2019
Amit Kumar Ramanand Singh Vs State of Bihar
CORAM: MR. JUSTICE DR. ANSHUMAN
Date : 11-04-2023.
https://www.lawweb.in/2023/12/whether-provisions-of-s-468-of-crpc-are.html
12) Bombay HC: Indian Court Can Entertain Complaint Against Domestic Violence Committed Abroad
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
Criminal Application (APL) No. 1576 of 2022
Decided On: 29.03.2023
Sumeet Vs. Himani
Hon'ble Judges/Coram:
G.A. Sanap, J.
Citation: MANU/MH/1944/2023.
https://www.lawweb.in/2023/12/bombay-hc-indian-court-can-entertain.html
13) Whether the court can allow parties to give their evidence on Affidavit in proceedings under Domestic violence Act?
Thus, while considering the aforesaid discussion, this court is of the view that Court can allow evidence on affidavit in its discretion and while considering the aims and objects of the D.V. Act including the scope of Section 28(2), court can deviate from procedure mentioned under Sub Section (1) of Section 28 read with Rule 6(5) and devise its own procedure which would include permitting evidence by way of an affidavit and thus, the learned trial court as well as learned first appellate court have not committed any error in passing impugned orders and therefore, both the impugned orders are ordered to be confirmed.{Para 10}
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/Special Criminal Application No. 1303 of 2023
Decided On: 26.04.2023
Samirkumar Chandubhai Joshi Vs. State of Gujarat
Hon'ble Judges/Coram:
Samir J. Dave, J.
Citation: MANU/GJ/0669/2023.
https://www.lawweb.in/2023/12/whether-court-can-allow-parties-to-give.html
14) Whether police can register offence U/S 31 of Domestic violence Act if respondent fails to pay maintenance amount in breach of protection order?
Crl. O.P. (MD) No. 15704 of 2018, Crl. M.P. (MD) Nos. 6953 and 6954 of 2018
Decided On: 06.03.2023
S. Amalraj Vs. State and Ors.
Hon'ble Judges/Coram:
K.K. Ramakrishanan, J.
Citation: MANU/TN/4321/2023.
https://www.lawweb.in/2023/12/whether-police-can-register-offence-us.html
15) Whether Domestic violence proceeding can be quashed against Physically handicapped person on the ground that he is unable to give threats?
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
914 CRIMINAL APPLICATION NO.694 OF 2023
Salim Vs Sharin
CORAM : R. M. JOSHI, J.
DATE : AUGUST 11, 2023.
https://www.lawweb.in/2023/12/whether-domestic-violence-proceeding.html
16) Whether Family Court Has Jurisdiction To Entertain original or independent application Seeking Reliefs U/S 18-22 of Domestic Violence Act?
IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP (FC) NO. 539 OF 2022
GEORGE VARGHESE Vs TREESA SEBASTIAN
Coram: MR. JUSTICE AMIT RAWAL& MRS. JUSTICE C.S. SUDHA
Author: Amit Rawal, J.
Dated: 11th day of September, 2023.
https://www.lawweb.in/2023/12/whether-family-court-has-jurisdiction.html
17) Whether wife is barred from claiming maintenance Under Domestic violence Act if her application for maintenance U/S 125 of CRPC is rejected by court?
19. In light of the aforesaid legal position, this Court is of the considered opinion that if, in proceeding under Section 125 of Cr.P.C., the application of wife seeking maintenance is rejected by the Family Court, such wife would not be precluded from claiming maintenance or other monetary remedy under the provisions of the D.V. Act. The reasons assigned by the learned Family Court in rejecting the application under Section 125 of Cr.P.C. have no relevancy to the cases pending before the Courts dealing with the D.V. Act.
IN THE HIGH COURT OF MADHYA PRADESH (INDORE BENCH)
Criminal Revision No. 527 of 2022
Decided On: 02.11.2023
Bhupendra Singh Rajawat and Ors. Vs. Ranjeeta Rajawat
Hon'ble Judges/Coram:
Prem Narayan Singh, J.
Citation: MANU/MP/3163/2023.
https://www.lawweb.in/2023/12/whether-wife-is-barred-from-claiming.html
18) Whether respondent can be prosecuted U/S 31 of Domestic violence Act if he fails to pay maintenance to aggrieved person?
49. Therefore, for the reasons recorded in the preceding discussion, this Court is of the view that a person cannot be summoned under Section 31 of PWDV Act for non-compliance of monetary order such as order for payment of maintenance passed under Section 20 of PWDV Act.
IN THE HIGH COURT OF DELHI
Crl. M.C. 1951/2023 and Crl. M.A. 7426/2023
Decided On: 01.12.2023
Anish Pramod Patel Vs. Kiran Jyot Maini
Hon'ble Judges/Coram:
Swarana Kanta Sharma, J.
Citation: MANU/DE/8000/2023.
https://www.lawweb.in/2023/12/whether-respondent-can-be-prosecuted-us.html
19) Whether the court can quash proceeding under Domestic violence Act if husband takes the plea of customary divorce?
The High Court thus legally erred in assuming the validity of customary divorce deed 05.01.2014 and then in proceeding to quash the proceedings under the D.V. Act on the premise that the parties are no longer legally wedded husband and wife. Such an inference can be drawn only after the respondent successfully proves the validity and enforceability of customary divorce deed dated 05.01.2014. We reiterate that the onus to prove the customary divorce deed lies on the respondent who is relying upon the same, and on the appellant to prove to the contrary. {Para 12}
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.2905 OF 2023
SANJANA KUMARI Vs VIJAY KUMAR
Coram: SURYA KANT; J., DIPANKAR DATTA; J.
Dated: September 18, 2023.
https://www.lawweb.in/2024/01/whether-court-can-quash-proceeding.html
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