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 |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Hindu Marriage Act, 1955 (25 of 1955) Protection of Women from Domestic Violence Act, 2005 (43 of 2005) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | .Protection of Women from Domestic Violence Act, 2005 – ss.27(1)(a) & 18-20 – Marriage of respondent-wife and appellant no.14-husband was solemnized in Rajasthan – Respondent was residing with appellant no.14 and his parents (appellant nos.1 & 2) in her matrimonial house at Chennai – Appellant no.14 and respondent went to Bengaluru to attend respondent’s sister’s wedding – Respondent thereafter refused to join her matrimonial home and inter alia sought protection order u/s.18, 2005 Act against appellant nos.1, 2, 14 and their other relatives (appellant nos.3-13) who were in Chennai, Rajasthan and Gujarat – Magistrate, Bengaluru issued notice to the appellants – Appellants sought quashing of the proceedings – Dismissed – On appeal, held: When acts of domestic violence are alleged, before issuing notice, the court has to be prima facie satisfied that there have been instances of domestic violence – Admittedly, the matrimonial house was at Chennai – Respondent made allegations of domestic violence against fourteen appellants– Against appellant nos.1, 2 & 14, the averments of alleged domestic violence were that they took away the jewellery of the respondent gifted by her father during marriage and the alleged acts of harassment to the respondent – There are no specific allegations as to how other relatives of appellant no.14 caused the acts of domestic violence – High Court not right in saying that there was prima facie case against appellant nos.3-13 – Criminal case of domestic violence against them is quashed – Further, petition under the 2005 Act can be filed in a court where the “person aggrieved” permanently or temporarily resides or carries on business or is employed – Respondent is residing with her parents within the territorial limits of Metropolitan Magistrate Court, Bengaluru and. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2020 INSC 77 |
Petitioner | Shyamlal Devda And Others |
Respondent | Parimala |
SCR | [2020] 1 S.C.R. 125 |
Judgement Date | 2020-01-22 |
Case Number | 141 |
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