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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Narendrabhai Mukeshbhai Rajgor – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India, seeking the following reliefs:-
“A. Your Lordship may be pleased to admit and allow this petition.
B. Your lordship may be pleased to stay and further operation of order passed by Ld. Add. Sessions Judge, Court No. 32, City Sessions Court, Ahmedabad in criminal appeal no. 389 OF 2017.
C. Your lordship may be pleased to quash and set aside the order dated 04/12/2020 passed by the Ld. Add. Sessions Judge, Court No. 32, City Sessions Court, Ahmedabad in criminal appeal no. 389 OF 2017.”
BRIEF FACTS OF THE CASE ARE AS UNDER:
2. The wife of the present petitioner, along with their son Rakshit, voluntarily left her matrimonial home on 3.04.2013. Subsequently, she preferred an application under various provisions of the Protection of Women from Domestic Violence Act, 2005 (for “the Act” short, ) which came to be registered as Criminal Miscellaneous Application No. 117 of 2014. Upon hearing the parties, the learned Additional Chief Metropolitan Magistrate, Court No. 18, Ahmedabad, was pleased to pass an order in the said application
Wife entitled to reside in shared household or receive rent; ownership by husband not requisite for alternative accommodation under Domestic Violence Act.
The interpretation of the definition of shared household under the Domestic Violence Act and its application to the right of residence of the wife in the property/house of in-laws.
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....
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 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.
The right to reside in a shared household under the D.V. Act does not require actual residence at the time of filing, but pending related proceedings can affect the propriety of subsequent applicatio....
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 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.
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....
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