Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Vijayakumari – Appellant
Versus
Jayakumar – Respondent
JUDGMENT :
BECHU KURIAN THOMAS, J.
Can an interim order protecting a woman in a domestic relationship from being dispossessed from the shared household, qualify as a protection order? The above question arises for consideration in this original petition under Article 227 of the Constitution of India.
2. Petitioner's attempt to enjoy living in a shared household has been in vain for the last almost two years, despite an order to that effect issued by the Magistrate in a proceeding initiated under the Protection of Women from Domestic Violence Act, 2005 (for short ‘the DV Act’). The application for initiating proceedings to impose penalty under section 31 of the DV Act, for breach of an interim order has been dismissed, stating that the order under consideration was a residence order and not a protection order.
3. Petitioner filed a complaint under Section 12 of the DV Act seeking appropriate orders against her husband and his brother and to restrain them from committing domestic violence against her. The learned Magistrate by an interim order dated 23.07.2022 in CMP No.764/2022 restrained the first counter-petitioner from harming or injuring or endangering the health or safety of the pe
An interim order preventing a woman from being dispossessed from a shared household qualifies as a protection order under the Domestic Violence Act, enforceable under Section 31.
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 directive ensuring basic amenities does not qualify as a protection order under the Protection of Women from Domestic Violence Act, thus its breach is not actionable under the associated penal prov....
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 court clarified the nature of interlocutory orders and their impact on the rights of the parties involved.
A Magistrate can grant interim residence orders under the DV Act based on prima facie evidence of domestic violence, without concluding the trial.
A Magistrate can grant interim residence orders under Section 23 of the DV Act without concluding a trial, ensuring immediate relief for aggrieved persons.
The Domestic Violence Act, 2005 allows for protection orders to be sought without a limitation period, and a domestic relationship is defined broadly to include past cohabitation, regardless of curre....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
