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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
Meenu Bobby @ Meenu Baby D/o Baby James, – Appellant
Versus
Bobby Satheesan S/o Satheesan – Respondent
JUDGMENT :
An estranged wife in domestic relationship is the petitioner herein. She filed Ext.P3 Miscellaneous Case bearing no.69/2021, seeking maintenance under Section 125 of the Code of Criminal Procedure ('Cr.P.C.' for short). In that M.C, the petitioner/wife filed Ext.P8 Miscellaneous Petition bearing no.1052/2022 seeking various reliefs under Sections 18, 19, 20 , 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 , ('D.V. Act' for short). In Ext.P8 Miscellaneous Petition, yet another petition was filed as M.P.No.827/2023 (Ext.P10) seeking a residence order, enabling the petitioner/wife to reside in the house of the respondent/husband, where the children are residing. By virtue of the impugned Ext.P12 Order, Ext.P10 petition seeking residence order was declined, on the premise that the petitioner/wife was not residing in the residential house belonging to the respondent/husband at the time of filing the application; and also for the absence of a specific averment that the said residential house is the shared household of the petitioner/wife. Ext.P12 Order is under challenge in this Original Petition.
2. Heard the learned counsel for the petitioner and the res
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....
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.
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.
Wife entitled to reside in shared household or receive rent; ownership by husband not requisite for alternative accommodation under Domestic Violence Act.
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....
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....
The court affirmed that a woman has the right to reside in a shared household under the DV Act, regardless of ownership of other properties, emphasizing her status as an aggrieved person.
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.
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.
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