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P. G. AJITHKUMAR
Omana Somanadhan – Appellant
Versus
Deepu Soman – Respondent
ORDER
In this revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Code), the petitioner challenges the judgment in Crl.A.197 of 2023 on the files of the Sessions Court, Thalassery. In the appeal, order of the Judicial Magistrate of the First Class, Koothuparamba granting a residence order in favour of the petitioner was set aside. However, the respondents No.1 to 3 were directed to provide an alternative accommodation to the petitioner.
2. Heard the learned counsel for the petitioner, the learned counsel for respondents No.1 to 3 and the learned Public Prosecutor.
3. The petitioner filed M.C.No.43 of 2022 invoking the provisions of Section 12 of the PWDV Act with the following contentions:—
The petitioner had been residing in the building in question along with her husband and respondent Nos.1 and 2. Her husband expired. She continued her residence there. That building and the property appurtenant thereto were purchased using the sale proceeds obtained by sale of residential property of her husband. On the assurance by respondents No.1 and 2, who are the petitioner’s son and daughter-in-law, to protect and maintain the petitioner
Right to residence – If an order of residence would result in total negation and annihilation of rights of respondents and an alternative arrangement would reasonably protect right of residence and i....
Right to residence – If an order of residence would result in total negation and annihilation of rights of respondents and an alternative arrangement would reasonably protect right of residence and i....
The right to residence under the PWDV Act is not absolute and must be balanced with the rights of other family members, while the obligation to provide maintenance is crucial for the livelihood of th....
(1) Right of residence under PWDV Act is not absolute or permanent; it is a right of protection, not possession – Equally, right of senior citizens to live peacefully with dignity in their own proper....
Domestic violence- Trial Court shall before passing a decree and dispossession on the wife ensuring in view of the subsisting rights of the daughter-in-law under the DV Act to provide with an additi....
No doubt the powers under Article 227 of the Constitution of India cannot be exercised as if the court is an Appellate Court. However, when the learned Trial Court overlooks significant facts and con....
Eviction orders under the DV Act require careful consideration of evidence regarding shared household rights and cannot be issued without assessing domestic violence context and current legal obligat....
The court clarified the balance between the rights of parties in domestic violence cases regarding residence and the conditions under which alternate accommodation must be considered.
The right to residence under the DV Act is not indefeasible, and the pendency of proceedings under the DV Act is not an embargo for initiating or continuing civil proceedings.
The right of residence under the Protection of Women from Domestic Violence Act is not indefeasible in property exclusively owned by in-laws, and alternative accommodation is permissible when ownersh....
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