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Maintainability of domestic violence proceeding

Whether complaint under Domestic violence Act is permissible even if parties are residing separately prior to coming in to force of this Act?

 
 In Saraswathy v. Babu MANU/SC/1193/2013 : (2014) 3 SCC 712, in the similar circumstances where the wife was driven out of the matrimonial home about fourteen years before, complaint was filed under the Protection of Women from Domestic Violence Act, 2005, and this Court has laid down the law on the point as under:

"24. We are of the view that the act of the Respondent husband squarely comes within the ambit of Section 3 of the D.V.A., 2005, which defines "domestic violence" in wide terms. The High Court made an apparent error in holding that the conduct of the parties prior to the coming into force of the D.V.A., 2005 cannot be taken into consideration while passing an order. This is a case where the Respondent husband has not complied with the order and direction passed by the trial court and the appellate court.... The Appellant wife having being harassed since 2000 is entitled for protection order and residence order Under Sections 18 and 19 of the D.V.A., 2005 along with the maintenance as allowed by the trial court Under Section 20(1)(d) of the D.V.A., 2005...."

13. In view of the above position of law and considering that the wife has clearly stated that her maternal uncle is no more ready to allow her to stay in his house, we are of the opinion that the High Court has erred in law in quashing the proceedings filed by the wife under the Act of 2005. Therefore, this appeal deserves to be allowedEquivalent Citation: 2015 (3) KHC 636, 2015(3)RCR(Civil)774, 2015(3)RCR(Criminal)652, 2015(6)SCALE219,AIR 2015 SC2605
IN THE SUPREME COURT OF INDIA
Crl.A. No. 1556 of 2010
Decided On: 06.05.2015
Appellants: Shalini
Vs.
Respondent: Kishor and Ors.
Hon'ble Judges/Coram:Dipak Misra and Prafulla C. Pant, JJ.

https://www.lawweb.in/2015/09/whether-complaint-under-domestic.html



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