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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
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 Section 19 (1)(f) of Protection of Women from Domestic Violance Act, 2005 (hereinafter reffered to as the D.V. Act) for her residential purpose as prayed by her in Crl.Misc. No. 140/2012.
2. Crl.R.P. No. 989/2016 is directed against the order dated 29.06.2016 passed in Crl.A. No. 541/2013 by 55th Additional City Civil and Sessions Judge, Bengaluru, whereunder the appeal came to be partly allowed whereby granting house rent to the respondent (wife) in Crl.Misc. No. 141/2012 dated 10.09.2013 is rejected and other part of the order has been confirmed.
3. Heard learned counsel for petitioners and learned counsel for respondent.
4. Respondent – wife filed an
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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