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RAJENDRA KUMAR VERMA
Bhagwati Bai – Appellant
Versus
Kavita – Respondent
ORDER
1. The petitioners have filed the present criminal revision under section 397 r/w 401 of Cr.P.C. being aggrieved by the order dated 29.9.2020 passed by 4th ASJ, Dhar in CRA No.79/2019 whereby the order dated 25.4.2019 passed by JMFC, Dhar whereby the learned trial Court has taken cognizance against the petitioner under the provisions of section of Protection of Women From Domestic Violence Act, 2005 has been affirmed. Hence, the present revision before this Court.
2. Facts of the case are that respondent No.1/wife was married with brother of the petitioners namely Rajkumar on 30.4.2006 in accordance with Hindu Customs and Rights. Thereafter, in the year 2007, Gouna was conducted by the parents of both the parties. As per the complainant/wife, for a period of one year, they keep the complainant well and thereafter, they have harassed for not giving birth to a male child and demanded Rs.5 Lacs. She further alleged that she has made a complaint earlier also as per the direction of the Court she started living with her in-laws and they abused her and demanded dowry at that time, articles of 1.5 lacs were given and an horse in dowry. In the year 2009, she gave birth to a girl child
To claim maintenance under the DV Act, the petitioner must establish both a domestic relationship and a shared household, along with proof of domestic violence.
The main legal point established is that the definition of 'domestic relationship' under the DV Act requires a shared household, and a mere social visit does not fulfill this requirement.
Valid marital status must be established to claim maintenance under the Domestic Violence Act; mere assertions without supportive evidence are insufficient.
The main legal point established in the judgment is the retrospective effect of the Protection of Women from Domestic Violence Act, 2005, and the entitlement of maintenance to the aggrieved person, e....
The main legal point established in the judgment is the requirement to establish a domestic relationship and a shared household as defined in the Protection of Women from Domestic Violence Act, 2005 ....
The court holds that a relationship in the nature of marriage qualifies as a domestic relationship under the Protection of Women from Domestic Violence Act, allowing the petitioner's complaint to pro....
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.
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