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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MADHAV J. JAMDAR, J
Vicky Manoj Shah – Appellant
Versus
Kanal Vicky Shah – Respondent
JUDGMENT:
1. Heard Ms. Sana Khan, learned Counsel appearing for the Petitioner-Husband, Ms. Pooja Jalan, learned Counsel appearing for the Respondent No.1-Wife and Ms. Shilpa Talhar, learned APP appearing for the Respondent No.2-State.
2. By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the order dated 24th October 2024 passed by the learned Principal Judge, Family Court, Mumbai below Exhibit-7 in Petition No. Criminal M.A.-23 of 2024. By the impugned order, the present Petitioner-Husband and his family members are restrained from causing any act amounting to domestic violence towards the Respondent-Wife and minor daughter and the present Petitioner-Husband has been directed to shift to alternate accommodation till disposal of the main application. The said order is passed under the provisions of Section 18 and Section 19(1)(b) of the Protection of Women from Domestic Violence Act, 2005 (“the D.V. Act”).
3. It is the main contention of Ms. Sana Khan, learned Counsel appearing for the Petitioner-Husband that the marriage between the parties was solemnized on 25th January 2003. The flat in question has been purchased by registered Sa
Only women can be considered aggrieved persons under the Protection of Women from Domestic Violence Act, and their rights to residence are upheld regardless of property ownership.
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 court affirmed that a woman has the right to reside in a shared household under the DV Act, regardless of ownership of other properties, emphasizing her status as an aggrieved person.
Wife entitled to reside in shared household or receive rent; ownership by husband not requisite for alternative accommodation under Domestic Violence Act.
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.
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.
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....
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 : Right of share house hold property - Provision grants a right to aggrieved person to reside in shared house-hold irrespective of her right, title or interest in same. Sub-sec.-2 of Sec....
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