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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Dhanu Hansdah – Appellant
Versus
Arati Murmu @ Hansdah – Respondent
| Table of Content |
|---|
| 1. challenge to lower court's decision (Para 1 , 2) |
| 2. claims of domestic relationship between parties (Para 3 , 4) |
| 3. arguments regarding maintainability of the proceeding (Para 5 , 6 , 7) |
| 4. opposite party's claims about marital status (Para 8 , 9) |
| 5. legal principles surrounding marriage and relationships (Para 10 , 11) |
| 6. examination of evidence for marital claims (Para 12 , 13 , 14) |
| 7. order allowing the revision in part (Para 15 , 16 , 17) |
JUDGMENT :
1. Instant revision is filed by the petitioners assailing the impugned judgment as at Annexure-6 passed in connection with Criminal Appeal No.01 of 2023 by the learned Additional Sessions Judge, Rairangpur, Mayurbhanj, whereby, the decision dated 15th December, 2022 of the learned SDJM, Rairangpur in CMC Case No.03 of 2021 in a proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘the Act’) has been overruled on the grounds inter alia that the same is legally not tenable and hence, it is liable to be interfered with and set aside.
3. Petitioner No.1 is alleged to be the husband of opposite party No.1 and father of opposite party No.2, whereas, petitioner Nos.
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.
Maintenance – Existence of domestic relationship either by marriage or in nature of marriage is sine qua non to maintenance action under Section 12 of Act.
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....
Grant of interim maintenance – Denial of relationship of husband and wife – Evidence to be adduced during trial – No interference required
(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 main legal point established in the judgment is the entitlement to relief under the PWDV Act based on the finding of a domestic relationship, and the permissibility of adjustment of maintenance a....
Section 28 of Act provides for following procedure to be followed by a Magistrate while dealing with application for reliefs.
A woman in a live-in relationship is entitled to maintenance under the Protection of Women from Domestic Violence Act, 2005, provided the relationship meets the definition of domestic relationship.
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