Domestic Violence: Ten Landmark Judgments

Topics: Marriage, Court, Delhi Pages: 7 (4293 words) Published: October 28, 2014

Domestic Violence: Protection of Women from Domestic Violence Act, 2005 Ten Landmark Judgments
Name OF THE CASE:
VIJAY VERMA VS STATE N.C.T. OF DELHI & ANR.
COURT:
DELHI HIGH COURT
JUDGE:
SHIV NARAYAN DHINGRA
FACTS OF THE CASE:
The petitioner herein had filed an application under Section 12 of Protection of Women from Domestic Violence Act making her brother and his wife as respondents. She sought an interim order from the Court of M.M. for immediate residence rights and police protection so that she could stay at premises No. A-181, Defense Colony, Delhi, whenever she visited India. The petitioner is a permanent resident of USA and is living in USA since year 2000. She came to India on a visit on 15th July, 2008 and alleged that when she went to her parental house on 16th July, 2008, she was not allowed to enter her parental house and hence the application. Learned MM in her order observed that in this case the petition was more in a nature of claiming right in the property. The whole dispute seemed to be property dispute between the parties and there was no ground to pass an interim order of residence. The learned ASJ upheld this contention in appeal. JUDGMENT:

SHIV NARAYAN DHINGRA, J
"I therefore consider that the application filed by the petitioner under Section 12 of Domestic Violence Act was not at all maintainable. The petitioner had settled her separate house in America, her Passport was issued in America, she is doing job in America, and she was adult and able to take care of herself, take her own decisions. She decided to live in America after leaving her parents here. If she has any right in her father’s property, she has already filed a suit for partition. An application under Section 12 of Domestic Violence Act was nothing but a gross misuse of the Act and I consider that she was rightly denied the interim relief of residence in the property left by her father." SOURCE (http://lobis.nic.in/dhc/SND/judgement/16-08-2010/SND13082010CRLMM38782009.pdf) NAME OF THE CASE:

NAGESH MALIK VS PAYAL MALIK
COURT:
DELHI
JUDGE:
H.L. DATTU & CHANDRAMAULI KR. PRASAD
FACTS OF THE CASE:
The facts are that Ms. Payal Malik used to live with her parents before marriage at Hissar. Her marriage took place with Mr. Nagesh Malik whose parents used to live at Panipat. Marriage of the parties was solemnized at Panipat on 30th August, 2001. Nagesh Malik was already working in USA and after marriage both of them went to USA on 20th September, 2001 where they settled their matrimonial home and lived together. On 24th October, 2002 a female child was born to the couple at USA, who was named as Vanishka. The parties continued living together in USA till 2008. It seems deep differences arose between the parties and they could not pull on together. There are allegations and counter allegations made by wife and husband which are not relevant for the purpose of deciding this petition. However, husband alleged that on 6th August, 2008 due to these differences, parties executed a post-nuptial agreement and decided to obtain divorce from each other, sticking to the agreement. Wife refutes having signed the agreement voluntarily and alleges that she was turned out from USA by her husband on 22nd August, 2008. Whereas the husband contention is that she of her own left USA without joining the husband for obtaining divorce through a Court in USA. The husband filed a divorce petition before Superior Court of New Jersey Chancery Division Family Court USA on 27th August, 2008. The notice of divorce suit was duly served on her. The Court of New Jersey allowed the divorce petition and a decree of divorce was granted on 4th December, 2008. JUDGMENT:

H.L. DATTU & CHANDRAMAULI KR. PRASAD
Shri Basava Prabhul Patil, learned senior counsel appearing for the contemnor/respondent would submit that pursuant to the directions issued by this Court, the respondent herein has deposited a sum of Rs.2 lacs before the learned Magistrate...
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