Domestic Violence Act - Very Important Judgments and Case laws with citations for Advocates

Domestic Violence Act 2005, important Supreme Court and High Court Judgments with subject of case, case decisions, case laws and citations

Case Title Name of Court Act Date and Citation Gist
Abdul Rub & Ors. vs Razia Begum Delhi High Court Domestic Violence  Act 04 October 2010
 
Every relative of the husband cannot be made as a respondent.
 
Advocate Ramesh vs State of Maharshtra Bombay High Court Domestic Violence  Act 13 June 2011
 
For DV temporary residing does not mean casual stay
Amit Agarwal And Ors vs Sanjay Aggarwal And Ors Punjab-Haryana HC Domestic Violence Act 31 May 2016 Domestic Violence cant be filed after Divorce
 
Amit Khanna vs Priyanka Khanna & Ors Delhi High Court Domestic Violence Act 01 September 2010
2010 (119) DRJ 182
Claim of high status of husband not sufficient for interim maintenance
 
Anshu Gupta vs State (Nct Of Delhi) Delhi District Court Domestic Violence Act 15 April 2011
 
Judgment is passed only on affidavits. Parties have not been given the opportunity to cross-examine each others witnesses. So went back for trial.
Chiranjeev Kumar Arya vs State Of U.P. & Another Allahabad High Court DV Act 29 June 2016
 
1. Revisional power of High Court under 482 CrPC held intact under the DV act. 2. fraud avoids all judicial acts, ecclesiastical or temporal

 

Damanpreet Kaur vs Indermeet Juneja & Anr Delhi High Court DV Act 14 May 2012
(2013) 1 JCC 306
Well educated earning wife, resigned on her own will, maintenance declined
Deepak @ Gajanan Ramrao Kanegaonkar vs Soniya Depak Bombay High Court DV Act 01 July 2015
 
Women lived in with a married person even after knowing that he is married, hence this relation cannot be the one as in marriage, so DV denied to women and child
Deoki Panjhiyara v. Shashi Bhushan Narayan Azad Supreme Court DV Act 12 December 2012
AIR(SC)- 2013-0-346, (2013) 2 SCC 137
Judgment against Husband. Until Marriage is declared Null, Wife is wife
 
Dimple Khanna vs Anita Advani Bombay High Court DV Act 09 April 2015 1. For DV Relationship in the nature of marriage is a must. 2. Relatives who did not shared household cant be made respondents
Geeta Singh Deo vs State Of Rajasthan Rajasthan High Court, Jaipur DV Act 17 November 2016 Well Educated (PG) Woman (Daughter) cant seek maintenance (for further high studies) unless DV has occurred.
Gurudev Gurav vs Jayashree Karnataka High Court DV Act 08 January 2014 Limitation of DV is one year from cause of action
Harpreet Kaur VS Dilvinder Singh Bedi Mahila Court Delhi DV Act 24 May 2011 Husband lost job because of complaint, maintenance denied
Hemlataben vs State Gujarat High Court DV Act 21 October 2010 Interim maintenance in DV is refused as Wife was working
Hima Chugh vs Pritam Ashok Sadaphule Delhi High Court DV Act 10 April 2013
(2013) DMC 649 (Del.)
Protection order could be obtained only against a person who was in domestic relationship with the person aggrieved
Hiral P. Harsora And Ors vs Kusum Narottamdas Harsora And Ors Supreme Court DV Act 06 October 2006
(2016) 10 SCC 165
DV can be filed by any woman on any relative who subjected her to DV
Inderjit Singh Grewal vs State Of Punjab & Anr Supreme Court DV Act 23 August 2011
AIR(SCW)-2011-0-6259, SCC-2011-12-588
1 Year limit to Domestic Violence
 
Indra Sarma vs V.K.V.Sarma Supreme Court DV Act 26 November 2013
(2013(4) K.L.T. 763), Manu/SC/1230/2013, AIR 2014 SC 309, 2013 (9) LRC 1 (SC)
All live-in- relationships are not relationships in the nature of marriage
 
Jayesh Uttamrao Khairnar vs State of Maharashtra Bombay High Court, Aurangabad DV ACt 07 September 2009
2010 ALL MR (Cri) 2259
Husband got divorce after a separation of one year. After divorce wife filed DV hence not maintainable as Domestic Relation is absent

 

Joginder vs State Nct Of Delhi & Anr Delhi High Court DV Act 22 September 2010
2010 (119) DRJ 349
Interim Maintenance formula evolved by judge (2:1:husband:dependent)
Kiran Dutta vs State & Anr Delhi High Court DV Act 11 February 2014
 
DIR is a must before passing orders under Sec 12 of DV
Koushik Vs Sangeeta Koushik Gharami Bombay High Court, Nagpur DV Act 05 May 2014 No Maint in DV to wife or Children if DV not proved
Krishnamurthy Nookula vs Savitha Y Karnataka High Court DV Act 09 December 2009 Enquiry is required where case is not ex-parte
Manish Kapoor vs Charu Kapoor Delhi District Court DV Act 28 August 2010
 
It explains Procedure to be followed in DV and 125
Nishant Hussain vs Seema Saddique & Anr Rajasthan High Court- Jodhpur DV Act 21 September 2012
2012 Law Suit (Raj) 1101
One completely isolated incidence is not Domestic Violence
Rachna Kathuria vs Ramesh Kathuria Delhi High Court DV Act 30 August 2010
2010 (7) R.C.R. (Cr.) 1748, 173 (2010) DLT 289
Wife already getting maintenance in 125, hence DV dismissed. Wife has option to enhance maintenance in 127
Rajan Parmar vs Mamta Parmar District Court Delhi DV Act 10 March 2016
 
Wife more educated than husband, husband will give maintenance to wife for one year within which wife has to seek job
Renu Mittal vs Anil Mittal & Ors Delhi High Court DV Act 27 September 2010
2010 (7) R.C.R. (Cr.)
No parallel relief in 125 CrPC & DV for maintenance
 
S.R. Batra vs Taruna Batra Supreme Court DV Act 15 December 2006
I (2007) SLT 1
Wife has no Right on Husband's parent's Property
Sanjay Bhardwaj & Ors. vs The State & Anr. Delhi High Court DV Act 27 August 2010
171 (2010) Delhi Law Times 644
 
Unemployed man can not be forced to pay maintenance, Maintenance under DV to be ordered as per CrPC 125
Sejal Dharmesh Ved VS State of Maharashtra Bombay High Court DV Act 07 March 2013
 
DV cant be filed after 1 year of Separation.

 

Shanavas vs Raseena Kerala High Court DV Act 10 December 2010 Magistrate cannot order non bailable warrant for the failure to pay maintenance
Sharad Kumar Pandey vs Mamta Pandey Delhi High Court DV Act 01 September 2010 jurisdiction of the court would not be there where an aggrieved person starts residing deliberately only for the purpose of filing a case under domestic violence against respondent while the place has no relevance
Sumana Bhasin VS Neeraj Bhasin Delhi District Court
 
DV Act 27 May 2015
 
wrongdoers should not get benefit out of frivolous litigations. all interim orders stand cancelled and wife was fined for false litigation.
Sunil Kumar Gupta Vs. Shalini Gupta Uttarakhand High Court DV Act 28 September 2011
2012(4) Crimes 199 (Uttar)
Right to Residence after Divorce to be decided based on Divorce Terms
Sunitha vs State Of Kerala Kerala High Court DV Act 10 December 2010
2011 [1] KLT 210
Respondent in DV cant be arrested unless committed breach of a protection order
Suo Motu Vs. Ushaben Kishorbhai Mistry Gujarat High Court DV Act 27 November 2015
DMC20161587, LAWS(GJH)20151171
Detailed Discussion on Civil and Criminal Jurisdiction of DV. Application for DV quashing allowed by CrPC 482.
Swati Kaushik vs Ashwini Sharma Delhi District Court DV Act 12 March 2015 Equally qualified spouse, Maintenance for one year only then wife to find job
Varinder Kaur vs Jitender Kumar And Anr Punjab-Haryana HC DV Act 21 October 2016 Daughter in law has no right to live in the self-acquired property of Parent in-laws.
Varun Malik vs Payal Malik Delhi High Court DV Act 29 July 2010
2011(1) Crimes (Del) 496
Family members of husband cannot be accused in DV case when they did not share household.
Vijay Verma v. State N.C.T. of Delhi & anr. Delhi High Court DV Act 13 August 2010
2010(3) LRC 291(DEL)
Only violence committed by a person while living in the shared household can constitute domestic violence
Vijaya Baskar vs Suganya Devi Madras High Court DV Act 28 October 2010
MANU/TN/3477/2010
Magistrate should not blindly call all family members as accused.

 

 

Important Case Laws, Citations of Supreme Court, High Court and District Courts

Hindu Marriage Act Case laws

Divorce Act Case Laws

Domestic Violence Act Citations

125 CRPC Case Laws and Citations

Section 498A IPC Case Laws

CRPC - Code of Criminal Procedure

CPC Important citations, case laws

Indian Penal Code Case Laws

Perjury Case laws and citations

Maintenance case decision favouring husbands

 

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