AI Overview...
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Protection of Domestic Violence Act (2005) - The Act primarily aims to provide protection to women victims of domestic violence, granting them rights such as residence and maintenance. It is a social welfare legislation that does not automatically extinguish rights upon the victim's death but can be continued by legal heirs under certain circumstances. Neha Chawla VS Virender Chawla And Ors. - Punjab and Haryana, Aarti Sharma VS Ganga Saran - Delhi, Kuldeep Kaur vs Swaran Kaur (Deceased) Through Lrs. - Delhi
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Legal Heirs’ Rights Post-Death - Courts have clarified that the expiry of the wife does not bar her legal heirs from continuing protection under the DV Act. The Act's provisions can extend to heirs, especially regarding rights to residence and maintenance, unless explicitly revoked or superseded by other laws like the Hindu Succession Act. Neha Chawla VS Virender Chawla And Ors. - Punjab and Haryana, Aarti Sharma VS Ganga Saran - Delhi, Kuldeep Kaur vs Swaran Kaur (Deceased) Through Lrs. - Delhi
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Property and Residence Rights - Under Section 17 of the DV Act, a woman’s right to reside in a shared household can cease upon divorce or death of the spouse. However, in cases where the wife has expired, her legal heirs, including children or other heirs, may continue to hold rights to the residence, especially if supported by property law and valid wills. Vireet Investments Pvt. Ltd. VS Vikramjit Singh Puri - Delhi, Madalsa Sood VS Maunicka Makkar - Delhi, Kuldeep Kaur vs Swaran Kaur (Deceased) Through Lrs. - Delhi
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Legal Proceedings and Heirs - Courts have recognized that disputes involving property and residence rights can involve heirs after the death of the original claimant. The continuation of relief under the DV Act by heirs depends on the specific facts, such as the existence of a valid will or ownership documents. Madalsa Sood VS Maunicka Makkar - Delhi, Rama Mukherjee (Bhowmik) W/o Late Dr. Soumendra Mohan Mukherjee VS Mitra Mukherjee @ Ratna Mukherjee D/o Late Hemendra Narayan Chaudhary - Gauhati, Aarti Sharma VS Ganga Saran - Delhi
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Case Law and Judicial Insights - Courts have emphasized that the DV Act is not to be misused for disputes over property rights but is focused on protection from violence. The death of a victim or respondent does not automatically terminate rights, and heirs can continue legal proceedings or claim relief under the Act. Aarti Sharma VS Ganga Saran - Delhi, Vireet Investments Pvt. Ltd. VS Vikramjit Singh Puri - Delhi, Kuldeep Kaur vs Swaran Kaur (Deceased) Through Lrs. - Delhi
Analysis and Conclusion
The protection granted under the Domestic Violence Act extends beyond the lifetime of the victim or respondent, allowing legal heirs to continue proceedings and claim rights, particularly regarding residence and maintenance. The Act's provisions are designed to safeguard women and their families, and courts have upheld the rights of heirs to continue protection and claims under the Act after the death of the original applicant or respondent, provided legal conditions are satisfied. Therefore, a wife’s legal heirs can continue to seek relief under the DV Act even after her expiry, especially in matters related to residence and maintenance rights.
Search Results for "Protection of Domestice Violence Act Wife Expired her Legal Heirs can Continue"
2019 0 Supreme(P&H) 2976 • India - Punjab and Haryana
GURVINDER SINGH GILL
relationship with the respondents to claim relief under the Domestic Violence Act. ... Fact of the Case: The petitioner filed a complaint under the Domestic Violence Act, alleging harassment and domestic ... Domestic Violence Act - Maintenance - 2005 - Summary of Acts and Sections: The court discussed the relevant provisions of the ... expired would not debar the petitioner/wife#HL_END....
2013 0 Supreme(Del) 2505 • India - Delhi
JAYANT NATH
Violence Act. ... Ratio Decidendi: The court concluded that the defendants had no right to reside in the property under the Domestic Violence ... held that the plaintiff had a valid title to the property and that the defendants had no right to reside in the property under the Domestic ... It may also be noted that defendant No. 2 has approached the appropriate court u/s 12 of the Domestic Violence Act. However, the court has declined her any relief ....
2021 0 Supreme(Del) 522 • India - Delhi
PRATHIBA M. SINGH
to women who are victims of domestic violence, every dispute amongst family members cannot be converted into a dispute under the ... The provisions of the DV Act cannot be used as a ploy by the son, to either claim a right in his father’s property or continue to ... Finding of the Court: While the DV Act is a social welfare legislation granting protection ... The mother unfortunately expired, and the son had become one of the legal heirs#H....
2015 0 Supreme(Del) 4530 • India - Delhi
A.K.PATHAK
Status of the defendants is that of a "gratuitous licensees" - An adult son or daughter or for that matter daughter in-law has no legal ... Civil Procedure Code, 1908 - Order 8 Rule 10, Order 12 Rule 6 - Protection of Women from Domestic Violence ... Act, 2005 - Section 2(s) R/w 17(1) - Hindu Succession Act, 1956 - Section 8, 15 - Possession - Share in property - Self acquired ... Amrit Singh Thru LR’s and Ors. 2012 Legal Eagle(Del) 1861, has held thus: ... “In the present case, the father of the defendant Sh. Amrit Sing....
2021 0 Supreme(Del) 734 • India - Delhi
ASHA MENON
The son of the plaintiff and husband of defendant No.1 expired. ... Code of Civil Procedure, 1908 - Order XII Rule 6 - Protection of Women from Domestic Violence Act 2005 - ... The plaintiff's son being the husband of the defendant No.1 expired on 29th September, 2020. ... Vikas Sood expired on 29th September, 2020. 3. Mr. ... violence by the plaintiff and her grandson, through constant abuses and economic deprivation, which was why she had sought relief and was granted such relief in the DV proceedings....
2023 0 Supreme(Cal) 527 • India - Calcutta
SHAMPA DUTT (PAUL)
should have been made death of complainant husband discord between parties – Learned Additional Chief Judicial Magistrate allowed to continue ... Penal Code, 1860 – Sections 352, 325, 379, 506, 34, 498, 406 – Criminal Procedure Code, 1973 – Section 200, 202 – Special Marriage Act ... – Section 27 – Protection of Women from Domestic Violence Act, 2005 – Sections 12, 18, 19, 20, 23 – Evaluation Committee – Incidents ... The complainant/opposite party no. 2 has expired on 07.05.2021. 22. A fresh service was effected after t....
2025 0 Supreme(Del) 776 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
(A) Family Courts Act, 1984 - Section 19; Protection of Women from Domestic Violence Act, 2005 - Section 17 - Ownership dispute - ... through registered Conveyance Deed, evidence supported by a valid Will - Court ruled Appellant's right of residence under PWDV Act ... ... ... Ratio Decidendi: A woman's right to reside in a shared household under Section 17 of PWDV Act ceases with divorce; Appellant ... It was further submitted that during the pendency of the suit, the Respondent expired on 04.05.2016,....
2017 0 Supreme(Del) 4257 • India - Delhi
RAJIV SAHAI ENDLAW
, 2005 - Property dispute involving shared household - Interpretation of domestic violence laws and corporate ownership - Decree ... Fact of the Case: The petitioner filed a suit for ejectment of the respondents from a property, claiming that the lease had expired ... The respondents contested, alleging ownership by the petitioner's family and shared household status under the DV Act. ... Partha Kansabanik 2016 SCC OnLine Del 1930; ... To contend that a right of a spouse to continue in a matrimonial ho....
2010 0 Supreme(Del) 303 • India - Delhi
MANMOHAN SINGH
Protection of Women from Domestic Violence Act, 2005 - Sections 18, 20 & 23 - Civil Procedure Code, 1908 ... Civil Procedure Code, 1908 - Order 39 Rules 1 & 2 - Protection of Women from Domestic Violence Act, 2005 - ... . 88000/- from the rental of one property - Direction given for payment of maintenance of Rs. 30,000/- per month to the son and wife ... The submission of defendant no. 1 cannot be accepted that once maintenance has already been awarded to plaintiff no. 1 by the appropriate authority, no relief sought by the plaintiff in ....
2022 0 Supreme(Gau) 410 • India - Gauhati
DEVASHIS BARUAH
for some reasons the cross-examination could not be done or completed shall take up the matter on the next date as first item and continue ... Probate proceedings evidence on affidavits of three witnesses were filed prove WILL Out of three witnesses, one witness has already expired ... objection filed earlier would be considered as the written statement – question as to whether the respondent is the legally married wife ... Out of the three witnesses, one witness has already expired and any further delay in the disposal ....
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