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RAMACHANDRA D. HUDDAR
Prema Shetty – Appellant
Versus
Hemanth Shetty – Respondent
JUDGMENT/ORDER
Ramachandra D. Huddar, J. - The Revision Petitioner has filed this Revision Petition under Section 397 of Cr.P.C. being aggrieved by the Judgment in Crl.A. No.51/2012, dated 05.03.2015 passed by the learned Dist. and Sessions Judge, Udupi, allowing the said appeal and setting aside the Order dated 02.06.2012 passed by the learned Prl. Civil Judge and JMFC, Karkala, in M.C. No.38/2010 filed by the petitioner.
2. Parties to the Revision Petition are referred to as per their rank before the Trial Court in M.C. No.38/2010, for the purpose of convenience.
3. Brief and relevant facts leading up to this Revision Petition are as under:
That petitioner is the permanent resident of Kukkundoor Village in the residential house called 'motherland' bearing door No.4/221. The said house is standing in the name of one deceased Sundara Shetty. As per her petition averments, she is the legally wedded second wife of the deceased Sundara Shetty. Her marriage was registered. After her marriage, herself and her husband Sundara Shetty used to reside in the aforesaid house. As he was seriously ill, he was admitted to K.M.C. Hospital, Manipal. Her husband Sundara Shetty died on 04.01.2010 becaus
The main legal point established in the judgment is the requirement to establish a domestic relationship and a shared household as defined in the Protection of Women from Domestic Violence Act, 2005 ....
The need for specific and substantial allegations of domestic violence to support proceedings under the Protection of Women from Domestic Violence Act, 2005.
(1) Ratio of decision is apposite to the facts and circumstances.(2) Cannot be said that no protection relief has been sought for against the present petitioner.
A domestic relationship under the D.V. Act requires actual or past residence in a shared household, and mere visits do not suffice to establish such a relationship.
The main legal point established in the judgment is that the definition of domestic relationship and shared household under the DV Act should be interpreted in a manner that gives effect to the statu....
The right to reside in a shared household is not restricted to actual residence and can be enforced by any woman in a domestic relationship, irrespective of whether she has any right, title, or benef....
The main legal point established in the judgment is the interpretation and application of the definitions of 'domestic relationship', 'shared household', and 'domestic violence' under the Protection ....
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