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 2005 -ss. 2{a) 3(iv) and 12-Application u/s. 12- By the wife - Seeking seizure of Stridhan articles in possession of her husband - Dismissed on the grounds that the application was not maintainable as the wife has ceased to be an 'aggrieved person' u/s. 2(a) as the parties had been judicially separated and that the application was barred by limitation - |
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(a), 3(iv) and 12 ~- Application u/s. 12 — By the wife — Seeking seizure of Stridhan articles in possession of her husband — Dismissed on the grounds that the application was not maintainable as the wife has ceased to be an ‘aggrieved person’ u/s. 2(a) as the parties had been judicially separated and that the application was barred by limitation — The order was upheld by Sessions Judge as well as the High Court — On appeal, held: The Act being a legislation to provide for more effective protection of the rights of the women guaranteed under the Constitution, a more sensitive approach is expected from the Court — Before dismissing a petition under the Act, on the ground of its maintainability, theré has to be a thorough deliberation on the issues raised — In the present case, the applicant-wife has not ceased to be an ‘aggrieved person’ u/s. 2(a) because even after decree of judicial separation marital status between the parties is not snapped — Retention of Stridhan by the husband is acontinuing offence —As long as the marital status remains and Stridhan remains in the custody of husband, wife can always put forth her claim u/s. 12 — The application cannot be said to be barred by limitation. Matrimonial law — ‘Divorce’ and ‘Judicial Separation’ — Distinction between. Words and Phrases: ‘Stridhan’ ~ Meaning of, in the context of matrimonial law. Allowing the appeal, the Court |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 848 |
Petitioner | Krishna Bhatacharjee |
Respondent | Sarathi Choudhury And Anr. |
SCR | [2015] 14 S.C.R. 65 |
Judgement Date | 2015-11-20 |
Case Number | 1545 |
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