Domestic Violence Act-There has to be Domestic Violence for Claiming any Relief-Bombay HC

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March 05, 2019

Any act of domestic violence is a sine qua non for the magistrate to grant any relief under the Domestic Violence Act, 2005.

Case name: Shri Vjayanand Dattaram Naik & ors. v. Smt. Vishranti Vijayanand Naik

In the present case, the petition was aggrieved by order passed by the Lower Court, whereby the Court has granted respondent wife’s application under Section 20 of the Protection of Women from Domestic Violence Act, 2005 (Monetary reliefs) directing the petitioner to pay monthly maintenance to the respondent.

In the petition before the High Court of Bombay, the petitioner has averred that maintenance under Section 20 of Domestic Violence Act was wrong as there was no finding of any act of domestic violence being committed by the petitioner against the respondent wife.

The High Court of Bombay in view of settled law allowed the Petition. Here it would be relevant to mention that any act of domestic violence is a sine qua non for the magistrate to grant any relief under the Act. Other cases that can be referred on the subject are Koushik S/o Anil Gharami Vs. Sau. Sangeeta Koushik Gharami & Ors.[1] and Mr. Gurudas Sanvalo Naik and others Vs. Mrs. Saanvi Gurudas Naik and anr.[2]

Related Posts

All you Need to Know about Domestic Violence Act: Law and Judgments

Residence Order under Section 19 of Domestic Violence Act

Important Judgments on Domestic Violence Act, 2005

Who can claim relief under the Protection of Women from Domestic Violence Act 2005

[1] 2014 ALL MR (Cri) 2398

[2] 2018 ALL MR (Cri) 2375