AI Overview...
- Domestic Relationship - Main points and insights:
- The term refers to a relationship between two persons who live or have lived together in a shared household, regardless of their marital status (Sources: Abdus Sattar S/O Late Rahman Ali vs State of Assam And Anr Rep. By The Pp, Assam - Gauhati, V. K. V. Sarma VS Indra Sarma - Karnataka).
- It includes relationships by marriage, cohabitation, consanguinity, or shared household arrangements (Sources: Medi Koteswara Prasad VS Medi Manemma - Andhra Pradesh, Santoshi Bai VS Gangaram - Crimes, Abdus Sattar S/O Late Rahman Ali vs State of Assam And Anr Rep. By The Pp, Assam - Gauhati).
- The existence of a domestic relationship is essential for the applicability of the Domestic Violence Act, 2005, as it defines the scope of who can file complaints under the Act (Sources: Medi Koteswara Prasad VS Medi Manemma - Andhra Pradesh, Santoshi Bai VS Gangaram - Crimes, Abdus Sattar S/O Late Rahman Ali vs State of Assam And Anr Rep. By The Pp, Assam - Gauhati).
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The relationship can be established through cohabitation, shared household, or familial ties, and is not solely dependent on marital status (Sources: Abdus Sattar S/O Late Rahman Ali vs State of Assam And Anr Rep. By The Pp, Assam - Gauhati, V. K. V. Sarma VS Indra Sarma - Karnataka).
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Analysis and Conclusion:
- Under the DV Act, domestic relationship is broadly interpreted to include various forms of cohabitation and familial ties, not limited to marriage.
- The key criterion is whether the parties have a shared household or have lived together, which grants the aggrieved person the standing to file a complaint.
- The courts emphasize that establishing a domestic relationship is fundamental for the maintainability of proceedings under the Act, and it is assessed based on facts such as cohabitation, shared household, or familial connections (Sources: Abdus Sattar S/O Late Rahman Ali vs State of Assam And Anr Rep. By The Pp, Assam - Gauhati, Medi Koteswara Prasad VS Medi Manemma - Andhra Pradesh, V. K. V. Sarma VS Indra Sarma - Karnataka).
Search Results for "What is Meant by Domestic Relationship under Dv Act"
2012 0 Supreme(AP) 962 • India - Andhra Pradesh
G.KRISHNA MOHAN REDDY
be domestic relationship between aggrieved person and respondent apart from question of subjecting aggrieved person to any act of ... domestic violence by the respondent---When such relationship is not there, complaint will not be maintainable. ... Protection of Women from Domestic Violence Act 2005 - Section 12 – Domestic violence---Locus standi to file complaint---The....
• India - Crimes
RAJENDRA CHANDRA SINGH SAMANT
relationship and was not entitled to file complaint under the Act—Aggrieved person defined in Section 2(a) of the Act shall include ... Protection of Woman from Domestic Violence Act, 2005—Sections 2(a), 2(f), 2(s) and 12—Application filed for reliefs u/ss 16, 18, ... Court—Maintainability of application challenged by petitioner on ground that applicant-respondent No.2 could not be regarded to be in #HL_S....
2017 0 Supreme(Chh) 411 • India - Chhattisgarh
RAJENDRA CHANDRA SINGH SAMANT
Criminal Procedure Code,1973 - Sections 482 and 125 - Protection of Women from Domestic Violence Act, 2005 ... J.M.F.C., Durg in dismissing the preliminary objection raised by the petitioners - whether the protection provided under Protection of ... raised in this petition is answered that in case of divorcee wife, the complaint by the divorcee wife under the provisions of the Act ... "domestic relationship#HL_EN....
• India - Crimes
MANINDRA MOHAN SHRIVASTAVA
(i) Protection of Women from Domestic Violence Act, 2005 — Section 2(f) and 12 — “Domestic relationship” — Application for maintenance ... Once it is held that the applicant was in domestic relationship with the respondent, the provisions of the Act are immediately attracted ... relationship reveals that the legislation, in its wisdom, intended to protect a woman as an ....
2015 0 Supreme(Chh) 142 • India - Chhattisgarh
MANINDRA MOHAN SHRIVASTAVA
in domestic violence against the applicant. ... in the evidence of non-applicant and he has also admitted that he has contacted another marriage - Nevertheless, once a case of domestic ... Protection of Women from Domestic Violence Act, 2005 - Section 12, 18, 19, 22 and 23 - Reliable Evidence ... 'domestic relationship' as defined and meant under Section 2 (1) of the Act#HL_END....
2012 0 Supreme(AP) 671 • India - Andhra Pradesh
G.KRISHNA MOHAN REDDY
DOMESTIC VIOLENCE ACT, 2005, Sections 2(f), 2(q), 2(s) - Domestic Relationship -- Complainant is altogether a different person who ... enumerated that debars the complainant to file the complaint - When domestic relationship as defined in Section 2(q) is one of the ... got no relationship with the respondent by virtue of any marriage otherwise or by consanguinity or by ....
2010 0 Supreme(Del) 981 • India - Delhi
S.N.DHINGRA
and she had lost source of maintenance - Legal rights of property cannot be enforced by DV Act - No proof of domestic relationship ... - MM shall record evidence first and decide whether a domestic relationship existed between the parties and whether the applicant ... of property rights - Maintainability - DV Act cannot be resorted - Resort to Domestic Violence #HL_STAR....
• India - Crimes
SHIV NARAYAN DHINGRA
Protection of Women From Domestic Violence Act, 2005—Section2(f) —Domestic relationship—An aggrieved person lived together with ... to Domestic Violence Act could not be done to enforce property rights—Aggrieved person applicant when with her husband had separated ... relationship would come to an end once the husband with his family had moved out of his joint family and established the....
2025 0 Supreme(Gau) 435 • India - THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Mitali Thakuria
(Paras 2-4, 11-17) ... ... (B) Domestic Relationship - Definition - The court emphasized that a ... domestic relationship exists when two persons live together in a shared household, regardless of the marital status at the time ... under the Act, as domestic violence was alleged to have occurred during their cohabitation. ... of a domestic relationship#HL_EN....
2011 0 Supreme(Kar) 509 • India - Karnataka
V.JAGANNATHAN
Domestic relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared ... In order to attract the definition of ’domestic relationship’, the respondent will have to satisfy the ingredients of the said expression ... It is also an admitted fact that the respondent and the petitioner lived together and the relationship was of ’liv....
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