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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
Chenthamara @ Kannan, S/O. Ramankutty – Appellant
Versus
Meena – Respondent
ORDER :
M.B. Snehalatha, J.
Challenge in this revision petition is to the judgment in Crl.A No.183/2015 of Court of Session, Palakkad. Revision petitioners are the respondents in M.C.No.39/2012 of Judicial First Class Magistrate Court III, Palakkad which was a petition filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'DV Act, 2005’). The said M.C was filed by the petitioner contending that respondents 1 to 5 in the M.C who are her in-laws tried to oust her from the shared household and also caused obstruction to her and her children from entering the shared household and their peaceful residence therein.
2. Respondents in M.C resisted the petition contending that there were no acts of domestic violence as alleged; that after the death of her husband, petitioner is residing at her parental house and she never used to visit the matrimonial home and therefore, she is not an aggrieved person and there was no domestic relationship as defined under the DV Act, 2005 and she is not entitled to the relief sought under the DV Act.
3. After trial, the learned Magistrate dismissed the M.C. on a finding that the petitioner in M.C failed to prove that the
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 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....
Only women can be considered aggrieved persons under the Protection of Women from Domestic Violence Act, and their rights to residence are upheld regardless of property ownership.
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.
(1) Ratio of decision is apposite to the facts and circumstances.(2) Cannot be said that no protection relief has been sought for against the present petitioner.
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....
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