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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANAMIKA CHANDEL – Appellant
Versus
DR.NARESH CHANDEL – Respondent
JUDGMENT :
AMIT MAHAJAN, J.
1. The present petition is filed challenging the judgment dated 19.07.2016 (hereafter ‘impugned judgment’), passed by the learned Additional Sessions Judge (‘ASJ’), West, Tis Hazari, Delhi in Criminal Appeal No. 54164/2016 titled as Naresh Chandel v. Anamika Chandel .
2. The learned ASJ, by the impugned judgment allowed the appeal under Section 29 of the Protection of Women from Domestic Violence (‘DV Act’) filed by the respondent and set aside the order dated 20.06.2015 passed by the learned Metropolitan Magistrate (‘MM’), whereby the respondent’s application questioning the maintainability of the complaint under Section 12 of the DV Act was dismissed.
3. The learned ASJ while referring to the Friendship Agreement dated 13.04.2006 executed between the parties, that mentions that the respondent is married to one Mrs. Kavita and has one child out of the said wedlock and that the petitioner is married to one Mr. Vijay Kumar who is the brother of the respondent, held that a case under Section 12 of the DV Act is not made out as neither the petitioner was an aggrieved person in terms of Section 2(a) of the DV Act, nor was the relationship between the parties in
The court holds that a relationship in the nature of marriage qualifies as a domestic relationship under the Protection of Women from Domestic Violence Act, allowing the petitioner's complaint to pro....
The judgment establishes that even in the absence of proven marriage, a domestic relationship can be established based on the nature of the relationship between the parties, as defined in the DV Act ....
(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....
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.
(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 – Existence of domestic relationship either by marriage or in nature of marriage is sine qua non to maintenance action under Section 12 of Act.
Domestic violence proceedings under the DV Act require established shared household and direct domestic relationship; mere familial ties are insufficient for liability.
Section 28 of Act provides for following procedure to be followed by a Magistrate while dealing with application for reliefs.
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