The judgments have been compiled by Harleen Kaur, 4th year student of University School of Law and Legal Studies, GGSIPU. She is currently interning with LatestLaws.com.
- Supreme Court: Mere vague allegation that respondents are family members will not be sufficient to maintain the complaint [ Date - 01-11-2019]
A bench of Justice Banerjee and Justice Shah in the case titled as Kamlesh Devi vs Jaipal & Ors. dated 04.10.2019 has opined that mere vague allegation is not sufficient to bring the case within domestic violence act. The Supreme Court is in favour of high court order and hence dismissed the petition for special leave.
Read more:
https://www.latestlaws.com/latest-news/domestic-violence/
- Supreme Court: Domestic Violence vs Section 125 CrPC: Both are independent proceedings [ Date - 29-10-2019]
The Supreme Court of India has made significant observations, the magistrate indirectly granted maintenance at a rate of Rs. 2,000 per month to the respondent till the proceedings under section 125 crpc is not decided. The order is without jurisdiction and therefore wholly unjustified and unsustainable.
Read more:
https://www.latestlaws.com/latest-news/maintenance-under-two-laws/
- Delhi High Court: Qualification and the capacity to earn cannot be a ground to deny interim maintenance to a wife [Date - 24-08-2019]
A bench of Justice Sachdeva has passed the order in the case titled as Binita Dass v. Uttam Kumar on 09.08.2019. Delhi High Court has held that Magistrate cannot deny interim maintenance to wife only because she has earning capacity or is a qualified person.
Read more:
https://www.latestlaws.com/latest-news/interim-maintenance-to-qualified-wife/
- Calcutta High Court: Determination of compensation has to be rational and it should not be an outcome of guesses, High Court allowed wife Rs.1,00,000 as compensation [ Date - 15-07-2019]
Justice Mitra has passed the order in the case titled as Smt. Haimanti Mal vs The State of West Bengal on 09.07.2019. Calcutta High Court has awarded Rs.1,00,000/- as compensation to the wife for mental agony suffered due to the conduct of the husband. But, in absence of any evidence or materials on record the grant of compensation cannot be justified. Section 22 of the Protection of Women from Domestic Violence Act, 2005 speaks about compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent.
Read more:
https://www.latestlaws.com/latest-news/domestic-violence-act-determination-of-compensation-has-to-be-rational/
- Delhi High Court: With an annual turnover of Rs. 1 crore, the husband was pleading his income as Rs.10,000/-, HC did not agree and enhanced the maintenance awarded to wife [Date - 03-07-2019]
Justice Sanjeev Sachdeva has passed the order in the case titled as Manju Sharma vs Vipin on 01.07.2019. Delhi High Court has enhanced the maintenance to be given to the wife when it found that husband was not disclosing his true income where his annual turn over apparently was Rs.1 crore. The interim maintenance was enhanced from Rs.10,000 per month to Rs. 30,000 per month keeping in mind the requirements of the petitioner and her daughter.
Read more:
https://www.latestlaws.com/latest-news/enhanced-maintenance-in-domestic-violence/
- Madhya Pradesh High Court: Wife living separately cannot file case against parents-in law [ Date - 20-06-2019]
Justice Awasthi has passed the order in the case titled as Kuldeep Singh Vs. Rekha on 18.06.2019. Madhya Pradesh High Court has held that if the wife and husband leaves the share households to establish their own household, the domestic relationship comes to an end in respect of parents and therefore complaint under DV Act cannot be maintained against them. Under the Domestic Violence Act the first per-condition is that the applicant must be an aggrieved person is a person defined in Section 2(a) of the Act. The domestic relationship must be there between the aggrieved person and respondent to invoke Domestic Violence Act.
Read more:
https://www.latestlaws.com/latest-news/domestic-violence-wife-living-separately-cannot-file-case-against-parents-in-law/
- SC on Domestic Violence: Aggrieved wife may also file a complaint against a relative of the husband or the male partner, as the case may be [ Date - 05-06-2019]
Justice Dr Dhananjaya Y. Chandrachud and Justice Hemant Gupta have passed the judgement in the case titled as Ajay Kumar v. Lata alias Sharuti dated on April 8, 2019. In accordance with the proviso to the section 2(q) of the Protection of Women from Domestic Violence Act, 2005, indicates that both, an aggrieved wife or a female living in a relationship in the nature of marriage may also file a complaint against a relative of the husband or the male partner, as the case may be.
Read more:
https://www.latestlaws.com/case-analysis/sc-on-domestic-violence-aggrieved-wife-may-also-file-a-complaint-against-a-relative-of-the-husband-or-the-male-partner-as-the-case-may-be-read-order/
- Delhi High Court: Domestic Violence vs Section 125 CrPC: Wife entitled for maintenance under both provisions subject to adjustment [ Date - 20-05-2019]
Justice Sachdeva has passed the order in the case titled asVikas Bhutani v. State on 17.05.2019. Delhi High Court has observed that even if maintenance under Section 125 CrPC was granted, the wife is entitled for maintenance for domestic violence though there can be an adjustment qua earlier maintenance. The object of grant of maintenance is to afford a subsistence allowance to the wife, who is not able to maintain herself. The court directed the amount of Rs. 40,000 per month to be paid by the petitioner from the date of filing of application.
Read more:
https://www.latestlaws.com/latest-news/domestic-violence-vs-section-125-crpc-wife-entitled-for-maintenance-under-both-provisions-subject-to-adjustment/
- Supreme Court: Husband has to pay maintenance even if wife is well educated [Date - 15-05-2019]
Justice Khanwilkar and Justice Rastogi has passed the order in the case titled as Megha Khandelwal v. Rajat Khandelwal on 10.05.2019. Supreme Court enhanced substantially an interim maintenance for wife in a domestic violence case despite the fact that the wife was well educated. Supreme court found it appropriate to enhance the interim maintenance to Rs. 25,000 per month to be paid to the petitioner.
Read more : https://www.latestlaws.com/latest-news/domestic-violence-husband-has-to-pay-maintenance-even-if-wife-is-well-educated/
- Bombay High Court: A Divorcee is not entitled benefit of Domestic Violence Act [Date - 22-03-2019]
Justice Giratkar has passed the order in case titled Sadhana vs Hemant on 18.04.2019. Bombay High Court has held that if at the time of filing of petition, the wife has already been divorced, there cannot be any domestic relationship and as such, divorced wife cannot be entitled for protection under Domestic Violence Act.
Read more:
https://www.latestlaws.com/latest-news/a-divorcee-wife-is-not-entitled-for-benefit-of-domestic-violence-act/
- Bombay High Court: Order of maintenance under DV Act set aside by HC in absence of any act of Domestic Violence committed by husband [ Date - 17-03-2019]
Case titled Vijayanand Dattaram Naik v. Vishranti Vijayanand Naik, was decided on date 13-02-2019 by Justice C.V. Bhadang of Goa bench of Bombay High Court, allowed a petition filed by the husband and quashed trial court’s order whereby it had partly allowed the wifes’ application filed under Section 20 of the Protection of Women from Domestic Violence Act, 2005. It was left open for the wife to take recourse to any other remedy as may be available under law. The husband was directed to pay a monthly sum of Rs 5,000 for a period of six months.
Read more:
https://www.latestlaws.com/latest-news/order-of-maintenance-under-dv-act-set-aside-by-hc-in-absence-of-any-act-of-domestic-violence-committed-by-husband-read-judgement/
