Prabha Tyagi Petitioner(s) v. Kamlesh Devi (s)., Supreme Court Of India, Judgment, Law, casemine.com

Factual and Procedural Background

This opinion addresses preliminary procedural matters in a case under the Protection of Women from Domestic Violence Act, 2005. The advocate-on-record, Dr. Vinod Kumar Tewari, informed the Court that the matter had been handled by his junior, who passed away due to COVID-19, and that he therefore lacked the case papers. In light of the public importance of the legal questions involved, the Court appointed Mr. Gaurav Agrawal as Amicus Curiae and directed the Registry to supply him with the papers. The matter was then listed for 29 March 2022.

Legal Issues Presented

Whether consideration of a Domestic Incident Report is mandatory before initiating proceedings under the Domestic Violence Act, 2005 to invoke the substantive relief provisions of Sections 18 to 20 and 22.

Whether it is mandatory that the aggrieved person reside with the persons against whom allegations are made at the time the violence occurred.

Whether a subsisting domestic relationship must exist between the aggrieved person and the respondent for the relief to be claimed.

Court's Reasoning and Analysis

The Court did not enter into substantive analysis of the legal questions at this stage. Its brief reasoning centered on ensuring effective assistance to address the questions of general public importance. Because existing counsel was unable to assist due to lack of records, the Court exercised its discretion to appoint an Amicus Curiae and ordered the Registry to furnish the necessary papers.

Prabha Tyagi Petitioner(s) v. Kamlesh Devi (s).

1. The following questions of law arise for consideration of this Court:

(i) Whether the consideration of Domestic Incidence Report is mandatory before initiating the proceedings under Domestic Violence Act, 2005 in order to invoke substantive provisions of Sections 18 to 20 and 22 of the said Act?

(ii) Whether it is mandatory for the aggrieved person to reside with those persons against whom the allegations have been levied at the point of commission of violence?

(iii) Whether there should be a subsisting domestic relationship between the aggrieved person and the person against whom the relief is claimed?

2. Dr. Vinod Kumar Tewari, who is the Advocate-on-Record, is not ready to assist the Court on the ground that this matter was handled by his junior who has died due to COVID and he is not having any papers. Considering the questions of law which are of general public importance, we request Shri Gaurav Agrawal, learned counsel to assist the Court as Amicus Curaie.

3. The Registry is directed to send the papers of the matter to Mr. Gaurav Agrawal, who is appointed as Amicus Curaie.

4. Put up on 29.03.2022.

Petition(s) for Special Leave to Appeal (Crl.) No(s). 309/2020†

Prabha Tyagi Petitioner(s) v. Kamlesh Devi (s).

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

Prabha Tyagi Petitioner(s) v. Kamlesh Devi (s).

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