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. |
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Domestic Violence Act Citations |
CRPC - Code of Criminal Procedure CPC Important citations, case laws |