Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Protection of women from Domestic Violence Act 17 and 19 - Residence orders - Right to reside in a shared household - Respondent-lady aged 62 years claiming to be wife/companion of appellant aged 80 years 2005 - ss. 2(/) 2(s) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Protection of women from Domestic Violence Act, 2005 - ss. 2(/), 2(s), 17 and 19 - Residence orders - Right to reside in a shared household - Respondent-lady aged 62 years claiming to be wife/companion of appellant aged 80 years - interim order passed by the High Court permitting the lady to occupy the premises belonging to the appellant, Sustainability of - Held: Not sustainable - 'Domestic relationship' as defined u/s. 2(/) refers to two persons who have lived together in a 'shared household' - On facts, respondent never stayed with the appellant in the premises in which she was directed to be inducted - In order for the respondent to succeed, it was necessary that the two parties had lived in a domestic relationship in the household - It is not as if the respondent has been subsequently excluded from the enjoyment of the property or thrown out by the appellant in an alleged relationship which goes back 20 years - They fell apart even as per the respondent more than 7 years ago - Wife of the appellant was alive at that time - Thus, the interim order set aside - Furthermore, there was no reason for the proceedings to be withdrawn from appellate court to High Court itself. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2017 INSC 618 |
Petitioner | Manmohan Attavar |
Respondent | Neelam Manmohan Attavar |
SCR | [2017] 6 S.C.R. 356 |
Judgement Date | 2017-07-14 |
Case Number | 2500 |
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