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PUNJAB & HARYANA HIGH COURT
M.M. Singh Bedi, J.
Hema Rawal and Ors. - Appellant
Versus
Prashant Sharma - Respondent
C.R.R. No. 35 of 2013 (O&M) and C.R.M. No. M-14633 of 2013 (O&M)
Decided On : 21-01-2015
Domestic Violence - Protection of Women - Act 2005, Section 12, 20, 23 - The court discussed the provisions of the Protection of Women from Domestic Violence Act, 2005, particularly Sections 12, 20, and 23, and their interpretation in the context of providing relief to an aggrieved woman in a domestic relationship. The court emphasized the right to reside in a shared household, the entitlement to monetary relief, and the duty of the respondent to provide for the aggrieved person's shelter and security.
Fact of the Case:
The case involved a dispute between a wife and husband regarding the legality and propriety of an order passed under the Protection of Women from Domestic Violence Act, 2005. The wife alleged domestic violence and sought relief, while the husband challenged the order.
Finding of the Court:
The court found that the wife, as an aggrieved person, was entitled to protection under the Act, including the right to reside in a shared household and monetary relief. The court upheld the order granting maintenance to the wife and set aside the appellate court's decision to reduce the interim maintenance amount.
Issues: The key issues included the entitlement of the aggrieved person to relief under the Act, the definition of domestic violence, the right to reside in a shared household, and the duty of the respondent to provide for the aggrieved person's needs.
Ratio Decidendi: The court held that the wife, as an aggrieved person, was entitled to protection under the Act, including the right to reside in a shared household and monetary relief. The court emphasized that the Act is not meant to provide alms to a destitute woman but to uphold the statutory rights of the aggrieved person.
Final Decision: The court upheld the order of the Magistrate granting maintenance to the wife and set aside the appellate court's decision to reduce the interim maintenance amount. The wife was entitled to relief from the date of the application.
The legal document primarily addresses the rights and protections available to women under the Protection of Women from Domestic Violence Act, 2005, particularly emphasizing the following key points:
Definition of Domestic Relationship and Domestic Violence: The Act broadly defines a domestic relationship as one where the woman has lived or is living in a shared household with the respondent, related by marriage, kinship, or in a relationship akin to marriage (!) (!) . Domestic violence includes physical, sexual, verbal, emotional, and economic abuse, and the conduct of the respondent that harms or endangers the well-being of the woman (!) (!) .
Rights of the Aggrieved Woman: An aggrieved woman is entitled to protection, including the right to reside in a shared household, regardless of her legal or beneficial interest in the property (!) (!) . The law aims to prevent eviction or exclusion from the shared household without following due legal procedures (!) .
Relief and Orders Available: The Act provides for various reliefs, including protection orders, residence orders, monetary relief, and compensation, which can be granted as interim or final orders depending on the circumstances (!) (!) (!) . The residence order under Section 19 and the right to reside under Section 17 are particularly significant, ensuring the woman’s right to stay in the shared household (!) (!) .
Application Process: Women can file applications under Section 12 for protection orders, which include relief for monetary compensation and damages (!) . The procedure is straightforward, and the law recognizes the importance of protecting women even if the relationship is challenged or has been dissolved through divorce or foreign decrees (!) (!) .
Interpretation and Scope of the Law: The law is intended as a social and beneficial legislation aimed at protecting women’s human rights within domestic contexts. It is to be interpreted liberally to fulfill its objectives, including protection against various forms of abuse and ensuring the safety and dignity of women (!) (!) .
Shared Household and Residence Rights: The concept of a shared household is inclusive, covering owned or rented properties, joint family households, and any residence where the woman has lived or is entitled to live (!) (!) . The law emphasizes that a woman’s right to reside in such households is protected, and she cannot be evicted except through lawful procedures (!) .
Impact of Divorce and Foreign Decrees: A foreign divorce decree does not automatically negate a woman’s rights under the Act. The law considers ongoing domestic relationships and shared household rights, even if a divorce has been granted abroad, as long as the relationship and shared household exist or are recognized locally (!) (!) .
Importance of the Law’s Objectives: The legislation aims to prevent domestic violence and protect women’s rights, not to adjudicate guilt or innocence in matrimonial disputes. Reliefs are granted to uphold the dignity, safety, and economic security of the woman, regardless of her economic or professional status (!) (!) .
Court’s Discretion and Final Orders: Courts have the authority to grant various reliefs, including monetary support and residence orders, based on the facts and circumstances of each case. The law mandates that reliefs be provided promptly and that interim orders be enforced effectively to ensure immediate protection (!) (!) .
In summary, the document underscores the broad protective scope of the Act, affirming a woman’s right to live in a shared household, be free from domestic violence, and receive appropriate reliefs, regardless of her economic status or the existence of a divorce decree. The law’s primary focus is on safeguarding the dignity and safety of women within domestic settings.
1. This order will dispose of the above noted two petitions i.e., CRR-35-2013 filed by Hema Rawal and Saesha Sharma, wife and daughter of respondent and another CRM-M- 14633-2013, filed by Prashant Sharma, husband of Hema Rawal. Petitioner Hema Rawal wife has questioned the legality and propriety of order dated 30.11.2012, passed by the Additional Sessions Judge, Gurgaon. The husband has also challenged the same order by filing a petition under Section 482 Cr.P.C.
2. Vide order dated 4.5.2012, the Judicial Magistrate First Class, Gurgaon, while deciding the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, (for short 'the Act'), had directed the husband-respondent to pay a sum of ` 15,000/- per month as monetary relief under Section 20 read with Section 23 of the Act.
3. Learned Additional Sessions Judge, Gurgaon, vide order dated 30.11.2012, has modified the said order on hearing the appeals of both sides reducing the interim maintenance granted to the wife from ` 15,000/- per month to ` 7,500/- per month. The order passed by the Magistrate is that husband shall provide expenses for the education, schooling and transport etc. and will bear half of the medical expenses of the child from the date of the petition.
4. Both Hema Rawal-wife and Prashant Sharma-husband have preferred separate petitions as mentioned hereinabove.
5. Brief facts, relevant for the decision of the present case, are that the parties were married on 15.4.2007 according to Hindu rites at Gurgaon. The wife is a registered medical surgeon and double post graduate in Ophthalmology with super specialization in Vitreo Retinal (FNB Retina). In her application under Section 12 of the Act, she claimed that husband did not kept her with dignity and is an alcoholic. He humiliated her and demanded dowry from the complainant in connivance with his family members. He subjected her to physical, emotional and financial trauma. Her minor child is suffering from various health problems like RSV Bronchitis and low haemoglobin etc. which require frequent medical treatment. Along with her application under Section 12 of the Act, she filed an application for interim relief that she had been bringing up the child as a single parent taking care of all emotional, financial and medical requirements. The husband returned back to London without even meeting the minor child. She is unable to find work and is suffering financial problems.
6. The claim of the husband-respondent is that wife was working as senior surgeon in London and at present is working for well known Hospital in Delhi and is maintaining high standards of living and earning ` 1.5 lacs per month.
7. The Judicial Magistrate First Class, Gurgaon, taking into consideration the fact that the parties are in domestic relationship having lived together and related by marriage would fall under Section 2(f) of the Act and they have lived together in the shared household; the wife being aggrieved person subject to domestic violence under Section 2(a) read with Section 3 of the Act having been subjected to physical, mental, verbal and economic abuses would be entitled to interim relief. The Court taking into consideration the domestic incident report and the statutory duty of the husband ordered that husband shall not commit any act of domestic violence under Section 3 of the Act and shall pay an amount of ` 15,000/- per month or provide suitable residence for the wife and her child besides ordering expenses for the child. He was directed to bear half of the medical expenses of the child from the date of petition.
8. The husband filed petition under Section 29 of the Act against order dated 4.5.2012 alleging that the order passed by the Magistrate was harsh and unreasonable. The Additional Sessions Judge, Gurgaon, taking into consideration the circumstances of the case reduced the sum of ` 15,000/- per month to ` 7500/- per month.
9. The husband has filed petition challenging the
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