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P. G. AJITHKUMAR
Chandra Babu – Appellant
Versus
Vidya Pushpan – Respondent
ORDER :
The definition of ‘domestic relationship’ in Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 (PWDV Act) crops up for interpretation yet again in this case.
2. At the time when they underwent a marriage ceremony, the first marriage of both the petitioner and the 1st respondent was subsisting. The trial court as well as the appellate court considered the question in the light of the law laid down by the Apex Court in Indra Sarma v. V.K.V.Sarma [(2013) 15 SCC 755] and held that dehors their first marriage, there existed a domestic relationship. Various reliefs were granted accordingly. The petitioner challenges the said concurrent finding in this revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Code).
3. The Judicial Magistrate of the First Class, Sasthamcotta initially as per its order dated 06.04.2018 allowed M.C.No.78 of 2013, which was filed by the respondent. The appeal preferred by the 1st petitioner was dismissed. The matter was carried to this Court in revision by filing Crl.Revision Petition No.937 of 2019. This Court as per the order dated 21.10.2020 allowed that revision petition and remit
‘Domestic relationship’ – Parties to relationship in nature of marriage must be persons qualified to enter into a legal marriage, including being unmarried.
‘Domestic relationship’ – Parties to relationship in nature of marriage must be persons qualified to enter into a legal marriage, including being unmarried.
(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....
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 ....
The court clarified that domestic relationship claims under the Act require rigorous factual scrutiny and evidence, especially regarding the existence of prior marriages and relationships.
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