NDLI: Prabha Tyagi Vs. Kamlesh Devi

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Protection of Women from Domestic Violence Act 2005:
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Protection of Women from Domestic Violence Act, 2005: ss.12, 17, 19, 22 – Domestic violence – Allegations of, by the aggrieved person-wife – Death of the husband within one month of the marriage in a car accident – Birth of daughter within a year of marriage – After the husband’s death, aggrieved person tortured and harassed by her mother-in-law and her matrimonial family, and was forced to leave her matrimonial home – She started working to support herself and her child – Issuance of notice to the respondents to return her stridhana but there was no response – Aggrieved person then filed an application u/s. 12 before the Magistrate seeking protection orders, residence orders and compensation orders as also monetary reliefs – Magistrate partly allowed the application directing the respondents to pay Rs.10,000/- as monetary compensation for insulting and maligning the aggrieved person; that the articles of Stridhana mentioned in the list, except the Maruti (Alto) Car, to be given to the aggrieved person; and that the respondents would not obstruct the aggrieved person and her daughter from enjoying the property of her husband – First appellate court set aside the order of the trial court – High Court upheld the same – Sustainability of – Held: Not sustainable – Order passed by the trial court restored. ss. 12, 18-20 and 22 – Consideration of the Domestic Incident Report filed by a Protection Officer or service provider by the Magistrate before passing orders under the D.V. Act, if mandatory – Held: s. 12 does not make it mandatory for a Magistrate to consider a Domestic Incident Report filed by a Protection Officer or service provider before passing any order under the D.V. Act – Even in the absence of a Domestic Incident Report, a Magistrate is empowered to pass both ex parte or interim as well as a final order under the provisions of the D.V. Act – Aggrieved person can directly make an application to the jurisdictional Magistrate by herself or by engaging the services of an Advocate - Although, the expression ‘shall’ is used in the proviso to s.12, it is restricted to only those cases where a Protection Officer or service provider files any Domestic Incident Report. ss. 12 and 17 – Allegations of domestic violence by aggrieved person – Relief under the DV Act - Requirement of such aggrieved person to reside with those persons against whom the allegations have been levelled at the point of commission of violence, if mandatory – Held: 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 u/s.17 and such a woman becomes an aggrieved person, she can seek reliefs under the provisions of D.V. Act including enforcement of her right to live in a shared household. s. 12 – Relief sought under the DV Act by the aggrieved person – Requisite relationship between the aggrieved person and the person against whom the relief is claimed – Held: 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 – 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 u/s. 12 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 u/s 12 of the Act. Object and purpose of the D. V. Act – Explained. Interpretation of statutes: Proviso of the main provision – Construction and interpretation of – General principles – Explained. Words and Phrases: Expression ‘aggrieved person’ – Meaning of, in the context of s. 2(a) of the Protection of Women from Domestic Violence Act, 2005. Expression ‘domestic relationship’ – Meaning of, in the context of s. 2(f) of the Protection of Women from Domestic Violence Act, 2005. Expression ‘shared household’ – Meaning of, in the context of s. 2(s) of the Protection of Women from Domestic Violence Act, 2005. Expression ‘family members’ – Meaning of, in the context of the Protection of Women from Domestic Violence Act, 2005.
Judge	Hon'ble Ms. Justice B.V. Nagarathna
Neutral Citation	2022 INSC 563
Petitioner	Prabha Tyagi
Respondent	Kamlesh Devi
SCR	[2022] 5 S.C.R. 970
Judgement Date	2022-05-12
Case Number	511

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