AI Overview...
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Aggrieved Person - Under the Domestic Violence Act, 2005, an aggrieved person is defined broadly to include any woman who has been subjected to domestic violence within a domestic relationship, including those living in shared households or in relationships akin to marriage. This definition encompasses women who are current or former partners, divorced women, and even those in relationships of a similar nature, ensuring wide protection POONAM BASSI VS SUDHAKAR BASSI - Punjab and Haryana, B. Balachandra Rao VS Sanjna Navneet Rao - Bombay, Syed Akram Ali VS Rubina Begum - Bombay, Jakir Hussain VS State of Rajasthan Anr. - Rajasthan.
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Domestic Relationship - The Act recognizes various forms of relationships as domestic, including marriage, live-in relationships, or any relationship where the woman shares a household or similar bond with the respondent. The concept of shared household is specifically defined, and living in such a household qualifies the woman as an aggrieved person Masudi Jatansingh VS Jatansingh Pratap - Bombay, Syed Akram Ali VS Rubina Begum - Bombay, SAPNA WD/O NILESH PATEL VS PRAVIN ISHWARBHAI PATEL - Bombay.
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Scope of Reliefs - The Act provides comprehensive reliefs to aggrieved persons, including protection orders, monetary relief, custody of children, and compensation. Even after divorce, women retain rights under the Act to seek protection and reliefs, including monetary benefits and custody, emphasizing the Act's intent to protect women throughout and after domestic relationships Sandeep Kumar Chauhan VS State of Uttarakhand - Uttarakhand, Jakir Hussain VS State of Rajasthan Anr. - Rajasthan.
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Types of Domestic Violence - The Act broadens the definition of domestic violence to include physical, sexual, verbal, emotional, and economic abuse. Economic abuse, such as deprivation of financial resources, is explicitly recognized, ensuring protection against various forms of abuse Syed Akram Ali VS Rubina Begum - Bombay, SAPNA WD/O NILESH PATEL VS PRAVIN ISHWARBHAI PATEL - Bombay.
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Legal Proceedings and Enforcement - Courts have interpreted these provisions to uphold the rights of aggrieved persons, allowing them to file applications under Sections 12, 20, 21, and 22 for reliefs such as protection orders, monetary compensation, and custody. The Act's provisions are enforceable even after divorce, and courts have upheld the entitlement of women to these protections THAKUR RAM SAHU VS POONAM SAHU - Chhattisgarh, Sandeep Kumar Chauhan VS State of Uttarakhand - Uttarakhand.
Analysis and Conclusion:
The Domestic Violence Act, 2005, offers broad and inclusive protections to women considered aggrieved persons in various domestic contexts. The law recognizes a wide spectrum of relationships and abuse types, ensuring that women—whether married, divorced, living-in, or in similar relationships—can seek reliefs such as protection orders, monetary compensation, and custody. Courts have consistently interpreted the definitions to extend protections even after divorce, emphasizing the Act's intent to safeguard women from all forms of domestic violence throughout and beyond their relationships.
Search Results for "Aggrieved Person in Domestic Violence"
2017 0 Supreme(P&H) 2702 • India - Punjab and Haryana
JAISHREE THAKUR
person", "Domestic Violence" and "domestic relation" under DV Act, 2005 would lead to concludes that if a woman in a domestic relationship ... person is entitled under any law or custom whether payable under on order of a Court or otherwise of which the aggrieved person ... is subjected to some kind of domestic violence, she would be entitled to claim relief against respondent under Section 20 of Act ... A conjoint....
2024 0 Supreme(Ker) 593 • India - Kerala
A. BADHARUDEEN
person', 'domestic relationship', and 'domestic violence' under the DV Act, emphasizing the entitlement of an aggrieved person to ... 'domestic violence' under the DV Act, highlighting the entitlement of an aggrieved person to seek reliefs provided under the DV Act ... person to seek reliefs provided under the DV Act in cases of domestic violence. ... While alle....
2022 0 Supreme(Bom) 2675 • India - Bombay
R. G. AVACHAT
g), Sec. 3, Sec. 12, Sec. 29 - The court interpreted the definitions of 'aggrieved person', 'domestic relationship', and 'domestic ... DOMESTIC VIOLENCE - Protection of Women from Domestic Violence Act, 2005 - Sec. 2(a), Sec. 2(f), Sec. 2( ... violence' under the PWDV Act, emphasizing that a relationship in the nature of marriage qualifies for relief. ... Sec. 2(a) "aggrieved person" means any woman who is, or has been, in a #HL_STA....
2018 0 Supreme(Bom) 1305 • India - Bombay
BHARATI H.DANGRE
Violence Act, 2005 would reveal that it intends to protect, an “Aggrieved person” - Domestic Violence Act, 2005 itself has assigned ... a definite meaning to term “Aggrieved person” under Section 2(a) - Applicant herself has categorically made submission in application ... (f) of the Domestic Violence Act, 2005 as well as connotation “shared household”, which is assigned a specific meaning in Section ... Perusal of the Dom....
2014 0 Supreme(Bom) 2220 • India - Bombay
T.V.NALAWADE
aggrieved person. ... definitions of 'domestic relationship' and 'shared household' under Section 2(f) and 2(s), the meaning of 'aggrieved person' and ... 'domestic violence' under Section 2(a) and 2(g), and the inclusion of economic abuse in the definition of 'domestic violence' under ... These two definitions show that it is sufficient for the aggrieved person to show that at any stage she had l....
2019 0 Supreme(Bom) 776 • India - Bombay
M.G.GIRATKAR
present case, the applicant lived in a shared household along with respondents. – Therefore, she is "aggrieved person".– Domestic ... Sunanda Dhananjay Gaikwad and others, (2016) AllMR(Cri) 2291, it is held that, "Aggrieved Person, as laid down in Section 2(a) clearly ... violence apart from "physical abuse" and "sexual abuse", "verbal and emotional abuse" and "economic abuse" also constitute "domestic ... owned by the aggrieved person#HL_E....
2019 0 Supreme(Chh) 881 • India - Chhattisgarh
RAJANI DUBEY
person under Domestic Violence Act - Learned Appellate Court has rightly found that, trial Magistrate on the basis of 125 of Cr.P.C ... - Aggrieved person - Respondent filed an application under Section 12 of Act 2005 before Judicial Magistrate First Class on ground ... Violence Act – Sections 2(a) and 2(f) and 12 - Domestic relationship - Abusing and assaulting - Agreement oral and documentary evidence ... From the contents of an agreement, it is evident that applica....
2019 0 Supreme(UK) 138 • India - Uttarakhand
MANOJ K.TIWARI
Domestic Violence – Protection from – To the aggrieved person even after decree of divorce – An act of domestic ... or to deny the benefit to which the aggrieved person is entitled under the Domestic Violence Act, 2005 including monetary relief ... u/s 20, Child Custody u/s 21 and compensation u/s 22 and interim or ex parte order u/s 23, Domestic Violence Act, 2005. ... An act of domesti....
2013 0 Supreme(Raj) 1046 • India - Rajasthan
SANDEEP MEHTA
Ratio Decidendi: The court interpreted the definition of 'aggrieved person' under the Domestic Violence Act and held that ... Domestic Violence Act - Entitlement of Divorced Woman - The court held that even a divorced woman has the right to claim maintenance ... Finding of the Court: The court found that the Domestic Violence Act covers even divorced women within its ambit, and ... Under the Domestic Violence A....
• India - Crimes
UJJAL BHUYAN
Protection of Woman from Domestic Violence Act, 2005—Sections 12, 18(d) and 20(d) —Order in favour of aggrieved person holding that ... and any child of the aggrieved person as a result of the domestic violence, which may include loss of earning, medical expense, ... “Respondent” has been defined to mean any adult male person who is or has been in a domestic relationship with the aggrieved #HL_STA....
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