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...Harbans Lal Malik… v. Payal Malik…. (supra) has held that the definition of domestic relationship as defined under section 2(f) of t..., it does not speak of having relation at any point of time. Thus, if the domestic relationship continued and if the parties...a marriage or relation ship in the nature of marriage existing and subsisting with the respondent as on the date of coming into force of the Act or at the time of filing of the applicatio...
...woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; .......................... ...submitted that nowhere in the affidavit, she has stated that she was living with the petitioners herein at any point of time in a shared household and therefore, the proceedings against the petitioners...any point of time. Therefore, the provisions of the Domestic Violence Act will not attract against the petitioners herein. Consequently, the proceedings...
...Protection of Women from Domestic Violence Act by the petitioner taking shelter of domestic relationship and domestic violence needs to be considered so that this Act is not misused to settle property disp...together with the respondent in a shared household. This living together can be either soon before filing of petition or ‘at any point of time’. The problem arises with the meaning of phr...temporarily going out by aggrieved person shall fall in phrase ‘at any point of time’, say, wife has gone to her parents house or to a relative or some other female member has gone to live with her some re...
...have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family memb...Section 2(f) of the Act and is as under:“domestic relationship” means a relationship between two persons who live or have, at any point of time...nature of marriage, adoption or are family members living together as a joint family. The definition speaks of living together at any point of time however it does not speak of h...
.... Section 2(f) of the D.V Act reads as under:(f) “domestic relationship” means a relationship between two persons who live or have, at any point of ...relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relations...joint family. The definition speaks of living together at any point of time however it does not speak of having relation at any point of time....
...provides the definition of domestic relationship, which reads as under:- 2. Definition- (f) domestic violence means a relationship between two persons who live or have, at any ...family. 4. One of the necessary ingredients is that the person must have a domestic relationship and should have lived at any point of time inter alia in a shared househ...applicant states that present applicant and her daughter-in-law were not in any domestic relationship, and therefore, the principle of the Domestic Violence Act is not applicable in this case. He has...
...and who alleges to have been subjected to any act of domestic violence by the respondent;”Section 2(f) states:“2. (f) ‘domestic relationship...Domestic Violence Act, 2005. Section 2(a) of the Act states:“2. (a) ‘aggrieved person’ means any woman who is, or has been, in a domestic relationship with the respondent...)15. Section 2(s) states:“2. (s) ‘shared household’ means a household where the person aggrieved lives or at any stage has lived in a domestic relati...
...domestic relationship with the respondent, if alleges to have been subjected to act of domestic violence by the respondent comes within the meaning of “aggrieved person”.19.2 Definition ...joint family;”From the aforesaid provision we find that a person aggrieved (wife herein), who at any point of time has lived together with husband (first respo...-5-2008 the domestic relationship between the parties did not remain and therefore, this application filed on 29-6-2009 under the Act is not maintainable and therefore, question of granting of any...
...:“domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinit...together as a joint family. The definition speaks of living together at any point of time however it does not speak of having relation at any point of ...and if the parties have lived together at any point of time in a shared household, the person can be a respondent but if the relationship does not continue and the relationship had been in the past and is ...
...the said house at any point of time in a domestic relationship is a matter for evidence, particularly when respondent Nos. 2 to 4 and the husband of the 5 respondent are the co-owners ..., Wadakkancherry. M.C No. 15 of 2011 was filed by respondent Nos. 2 to 5 herein under Section 12 of the Protection of Women from Domestic Violence Act.2. C.M.P No. 443 of 2012 was filed by...respondent is the wife of the brother of the petitioners namely, Vijayakumaran.4. The respondent Nos. 2 to 5 filed M.C No. 15 of 2011 alleging domestic violence against the petitioners herein...
...petitioner. It was his specific case before the learned Trial Court that there was no domestic relation, whatsoever, between them at any point of time and that they never resided together as husba...have or had any point of time in a nature of marriage and live/lived together in a shared household. The words “at any point of time” signify a specific meaning...marriage at any point of time. It is not restricted to present relationship between two persons.The next question comes in whether the Act is applicable retrospectively or prospectively...
...or a woman, who was in domestic relationship with the respondent at any point time is an aggrieved person and the contention of the learned counsel for the petitioner that in view of the ...183 has extensively dealt with the Domestic Violence Act and it is clear from the decision that a woman, who was in domestic relationship with the respondent at any point of time was ...Sections 18, 19, 20, 21 and 22 of the Protection of Woman from Domestic Violence Act, 2005. The XIII Metropolitan Magistrate, Egmore, Chennai took cognizance of the offences...
...to have been subjected to any act of domestic violence by the respondent;(f) “domestic relationship” means a relationship between two persons who live or have, at any point...woman, who is in a domestic relationship with the respondent and has been subjected to any act of domestic violence by the respondent. ‘Domestic relationship’ would mean a relationship between two persons,....Section 2 (a), (f), (q) and (s) of the Act read as under:-“(a) “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges...
...petitioners 1 to 3 had not at any point of time shared a domestic relationship with the respondent/complainant and they have been unnecessarily roped in this case.3. This Court i...pending.4. At this juncture, the learned counsel for the petitioners would pray that the presence of the petitioners may be dispensed with before the trial Court.5...trial judge for the purpose of identification. If the petitioners adopts any dilatory tactics, it is open to the Trial das Court to insist for the appearance of the petitioner and deal with the...
...petition or at any point of time. In the said decision, the Honble Court has further held that an application under Protection of Women from Domestic Violence Act cannot be filed by a per...circumstances under which she was compelled to leave the domestic household. Even the word domestic relationship is defined as a relationship between two persons who live or have, at any point of...purpose of the Act that if she had lived at any point of time in domestic relationship with the petitioner, so as to become entitled for the reliefs under the Act. 9....
...) JCC 2377 wherein it is recorded as under:“Filing of a petition under Protection of Women from Domestic Violence Act by the petitioner taking shelter of domestic relationship and ...of petition or ‘at any point of time’. The problem arises with the meaning of phrase “at any point of time”. Does that mean that living togeth...? I consider that “at any point of time” under the Act only means where an aggrieved person has been...
.... 1 is the husband of the opposite party no. 2. The opposite party no. 2 being the wife is an aggrieved person under Section 2(a). Further, the words mentioned in section 2(f) who live or have at any point ..., 21, and 22 of the Protection of Women from Domestic Violence Act, 2005, presently pending before the Learned Chief Judicial Magistrate, Hathras, District- Hathras.
3..., Devarani and Nanad. Marriage of the applicant, no. 1, stood solemnized with the opposite party no. 2 on 19.4.2014 and alleging domestic violence under the provisions of Section 12(1), 18, 19, 20, 21 and...
...ground that petitioners are not in domestic relationship with respondent no. 2 and they never lived together at any point of time. Petitioners have not committed any domestic vio...& another vs. Eijaz Anwar & others) under Section 12 of Protection of Women from Domestic Violence Act, 2005 as well as entire proceedings in Case no. 10 of 2023 (Saima @ Saima...no. 2. The marriage of respondent no. 2 was solemnized with brother of petitioners namely Eijaz Anwar in the year 2017. After some time a dispute arose between respondent no. 2 and brother of...
..."Domestic Relationship" as defined under section 2(f) of the Act. According to Mr. Bhatt, domestic relationship means a relationship between two persons who live or have at any point ...with the aggrieved person. To understand the same, it would be appropriate to have a look at the definition of "domestic relationship" as given in Section 2(f) of the Act, which reads as under: ...no "domestic relationship" between the applicants and the complainant and her husband, a deed of separation is annexed at Annexure ''''''''E'''''''' to the petition by the applicants to show...
... who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent'. Whereas, the term '...in Section 2(a) clearly provided that any women, who is or has been in domestic relationship with the respondent. The definition of 'Domestic Relationship' also means relationship between two persons, who live or h...together in shared household. The definition of 'Shared Household' also means where the person aggrieved lives or at any stage has lived in a domestic relationship. Therefore, none of the definitions conte...