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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SHIVASHANKAR AMARANNAVAR
Nithyananda S/o. Ganesh Acharya – Appellant
Versus
Surekha Shetty Alleged W/o. Nithyananda – Respondent
| Table of Content |
|---|
| 1. revision petitions concerning domestic violence orders. (Para 1 , 2) |
| 2. initial orders and proceedings under the d.v. act. (Para 3 , 9) |
| 3. facts of the marriage and allegations. (Para 4 , 5) |
| 4. arguments concerning marital status and domestic relationships. (Para 8) |
| 5. arguments about proof of marriage. (Para 10 , 11) |
| 6. court interpretation of domestic violence provisions. (Para 12 , 13 , 14) |
| 7. definition and implications of domestic relationship. (Para 15 , 16) |
| 8. counsel's arguments referencing case law. (Para 18 , 19 , 20) |
| 9. court's ruling on shared households. (Para 21 , 22 , 23) |
| 10. final outcome of the petitions. (Para 24 , 25 , 26) |
ORDER :
SHIVASHANKAR AMARANNAVAR, J.
1. Crl.R.P. No. 938/2016 is directed against the order dated 939/2016 passed in Crl.A. No. 583/2013 by the 55th Additional City Civil and Sessions Judge, Bengaluru allowing the appeal setting aside the order dated 10.09.2013 passed in Crl.Misc. No. 140/2012 by the II Traffic Metropolitan Magistrate, Bangalore, and petitioner Nos.1 to 3 have been directed to give a portion of accommodation in the house of petitioner No.1 where they are residing to the respondent (wife) as alternate accommodation under
Strict proof of marriage is not required to establish a domestic relationship under the Domestic Violence Act, allowing for claims based on cohabitation and the relationship's nature.
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 that a divorced woman is entitled to the right of residence under S.17 of the Protection of Women from Domestic Violence Act, 2005 only if she is i....
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.
A divorced wife cannot claim residence order or enforce an earlier residence order under the Domestic Violence Act after leaving the shared household and subsequent divorce.
The Family Court has jurisdiction to grant relief under the Domestic Violence Act, and its findings cannot be overturned by a Single Judge under Article 227 without a clear jurisdictional error.
Point of Law : Domestic relationship means a relationship between two persons who live or have at any point of time, lived together in a shared household.
Wife entitled to reside in shared household or receive rent; ownership by husband not requisite for alternative accommodation under Domestic Violence Act.
Grant of interim maintenance – Denial of relationship of husband and wife – Evidence to be adduced during trial – No interference required
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