Supreme Court of India Judgements

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Category: Domestic Violence

Domestic Violence

If an aggrieved person is not in a domestic relationship with the respondent – but has at any point of time lived so or had the right to live and has been subjected to domestic violence or is later subjected to domestic violence on account of the domestic relationship, is entitled to file an application under Section 12 of the D.V. Act.

May 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH PRABHA TYAGI — Appellant Vs. KAMLESH DEVI — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No. 511 of…

Domestic Violence

Section 12 of the Protection of Women from Domestic Violence Act, 2005 – Bar to taking cognizance after lapse of the period of limitation — HELD by the time an application is preferred u/S 12 of the Act, there is no offence committed in terms of the provisions of the Act and as such there would never be a starting point for limitation from the date of application under Section 12 of the Act – Such a starting point for limitation would arise only and only after there is a breach of an order passed under Section 12 of the Act

Apr 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAMATCHI — Appellant Vs. LAKSHMI NARAYANAN — Respondent ( Before : Uday Umesh Lalit and Pamidighantam Sri Narasimha, JJ. ) Criminal Appeal No. 627…

Domestic Violence

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Section 8 – Summary Eviction Procedure – Right of a woman to secure a residence order in respect of a shared household cannot be defeated by the simple expedient of securing an order of eviction by adopting the summary procedure under the Senior Citizens Act 2007.

Dec 17, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH SMT. S VANITHA — Appellant Vs. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Indu…

Domestic Violence

Shared household means where person aggrieved has lived at any time in domestic relationship either singly or with respondent – The household may be a joint family or jointly tenanted irrespective of title or ownership of property. “Right to reside in shared household” – The aggrieved has right to reside in shared household property continues until she proves that she is a victim of domestic violence,

Oct 18, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH SATISH CHANDER AHUJA — Appellant Vs. SNEHA AHUJA — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ. ) Civil…

Domestic Violence

Protection of Women from Domestic Violence Act, 2005 – Section 12 – Right of residence – Alternative accommodation – Under the Protection of Women from Domestic Violence Act, 2005 the appellant would certainly be entitled to a shared residence being her matrimonial home or in lieu thereof her husband to provide her with a suitable reasonable accommodation in accordance with law -Decided on : 29-04-2020

Apr 30, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH NEELAM GUPTA — Appellant Vs. MAHIPAL SHARAN GUPTA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and Krishna Murari,…

Domestic Violence

Protection of Women from Domestic Violence Act, 2005 – Sections 2(s), 3(iv) and 19 – Right to residence in matrimonial home – Victim of domestic violence – The Protection of Women from Domestic Violence Act, 2005 has recognised the concept of “shared household” in terms of Section 2(s) of this statute. Alienating an immovable asset to defeat the right of a victim lady under the said Act can constitute domestic violence, coming, inter-alia, within the ambit of the expression “economic abuse” under Section 3(iv) of 2005 Act. There cannot be forcible dishousing of a wife from her matrimonial home. Hindu Adoption and Maintenance Act, 1956 – Section 18 – Right to residence in matrimonial home – A married woman is entitled to live, subsequent to her marriage, with rest of her family members on the husband’s side,Decided on : 27-04-2020

Apr 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH AISHWARYA ATUL PUSALKAR — Appellant Vs. MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha…

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Dec 8, 2024 sclaw
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Dec 8, 2024 sclaw
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Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw