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IN THE HIGH COURT OF JUDICATURE AT PATNA
SOURENDRA PANDEY
Yashpal Bharti Son of Late Bihari Lal Bharti – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. quashing petition against dv appellate order. (Para 1 , 2) |
| 2. dv complaint history and prior proceedings. (Para 3) |
| 3. no shared household or domestic relationship with in-laws. (Para 4 , 5 , 6 , 7) |
| 4. in-laws liable as husband's relatives for support. (Para 8) |
| 5. husband's primary duty; no in-law residence without hearing. (Para 9 , 10) |
| 6. appellate order set aside. (Para 11 , 12) |
JUDGMENT :
Heard the learned counsel for the parties.
2. The present application has been filed for following relief(s):
‘That this present Quashing application is being filed on behalf of the petitioners before this Hon'ble High court for setting aside/quash the judgment/order dated 8.4.2024 passed in connection with Cr. Appeal No. 30/2023 which was heard along with Cr. Appeal No. 4 of 2023 (arising out of order dated 21.12.2022) passed in complaint case No.1075 of 2020 by the court of Md. Afzal Khan, J.M. 1st Class, Gaya, in proceedings under the prevention of women from domestic violence Act 2005) whereby and whereunder the Cr. Appeal No. 3 of 2023 filed by the petitioners was also dismissed along with Cr. Appeal No.4/2024. Mechanically with an option to provide a temporary residence accommod
Primary obligation under DV Act to provide residence and maintenance to aggrieved wife lies with husband; in-laws not liable for accommodation in self-acquired property where no shared household exis....
The right to residence under the PWDV Act is not absolute and must be balanced with the rights of other family members, while the obligation to provide maintenance is crucial for the livelihood of th....
The court clarified the nature of interlocutory orders and their impact on the rights of the parties involved.
The petitioner failed to provide sufficient evidence to establish compliance with accommodation arrangements, affirming previous court orders for protection.
Award of maintenance – It is not mandatory for aggrieved person to have actually lived or resided with those persons against whom allegations have been levelled at the time of seeking relief.
Domestic violence- Trial Court shall before passing a decree and dispossession on the wife ensuring in view of the subsisting rights of the daughter-in-law under the DV Act to provide with an additi....
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 right to residence under the DV Act is not indefeasible, and the pendency of proceedings under the DV Act is not an embargo for initiating or continuing civil proceedings.
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