IN THE HIGH COURT AT CALCUTTA
UDAY KUMAR
Harbindar Kumar Sharma – Appellant
Versus
Baby Kaur Sharma – Respondent
JUDGMENT :
UDAY KUMAR, J.
1. This Revisional Application, CRR No. 134 of 2018, has been preferred by Harbindar Kumar Sharma (the petitioner/husband), for setting aside of the interim order of maintenance and protection granted to Smt. Baby Kaur Sharma (the opposite party/wife) and her minor daughter under Sections 12 and 23 of the Protection of Women from Domestic Violence Act, 2005 (the DV Act). This order was passed by the Learned Metropolitan Magistrate, 13th Court at Calcutta, in Misc. Case No. 25 of 2017, on December 16, 2017, following an application by the opposite party/wife. The petitioner/husband also sought quashing of the entire proceedings of domestic violence initiated against him, raising fundamental questions about the very existence of a "domestic relationship" between the parties, a prerequisite for the Act's applicability.
2. The dispute originated from the opposite party/wife's assertion that she married the petitioner/husband on March 5, 2006, under Hindu rites, and that their minor daughter, Isha Sharma, was born on November 10, 2007. She alleged that following their daughter's birth, she suffered severe physical and mental torture from the petitioner/husband and
The court affirmed that the DV Act provides protection based on the definition of 'domestic relationship,' even amid claims of prior marriages, and emphasized the need to utilize statutory appeal mec....
The main legal point established in the judgment is the entitlement to relief under the PWDV Act based on the finding of a domestic relationship, and the permissibility of adjustment of maintenance a....
Interim maintenance can be granted based on prima facie evidence, allowing for future rebuttal, as established under the Protection of Women from Domestic Violence Act.
A woman in a live-in relationship is entitled to maintenance under the Protection of Women from Domestic Violence Act, 2005, provided the relationship meets the definition of domestic relationship.
Grant of interim maintenance – Denial of relationship of husband and wife – Evidence to be adduced during trial – No interference required
The main legal point established in the judgment is the crucial role of evidence in determining the nature of the relationship and the entitlement to protection under the DV Act.
Interim maintenance under the Domestic Violence Act is a provisional measure to prevent financial hardship, based on a broad assessment of parties' status, and is not a final determination of entitle....
A wife must establish a prima facie case of domestic violence to be entitled to interim maintenance under the Domestic Violence Act, considering both parties' financial statuses.
(1) In order to maintain a petition under DV Act aggrieved person has to show that aggrieved person and respondent (man) lived together in a shared household and this could be even from a relationshi....
Maintenance and compensation – Female Live-in-Partner can be granted relief under provisions of Domestic Violence Act, 2005.
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