Lawstreet Journal

In Domestic Violence Case, Court Should Prima Facie Be Satisfied Of Violence Before Issuing Notice In Complaint: SC

Lawstreet Journal 24 Jan 2020 3:31am

Image courtesy: Lawstreet Journal Judiciary In Domestic Violence Case, Court Should Prima Facie Be Satisfied Of Violence Before Issuing Notice In Complaint: SC

In the case of Shaymlal Devda and Others v. Parimala the Supreme Court while delivering a judgement on January 22, 2020 has held that, while issuing a notice in a complaint of domestic violence, the court is supposed to be prima facie satisfied that there were instances of domestic violence. Judgement to this effect was delivered by bench headed by Justice R. Banumathi and comprising Justices AS Bopanna and Hrishikesh Roy. 

Facts of the case are as following: 

Respondent in the present case is wife and she had married to Manoj in 2006 as per Hindu rites in Rajasthan. Their matrimonial home was in Chennai where they used to live with Manoj’s parents. In 2014, she refused to join her matrimonial home or cohabit with Manoj. Manoj filed a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the Family Court, Chennai. Thereafter, claiming herself to be a victim of domestic violence she filed a petition seeking protection order under Section 18, residence order under Section 19 and monetary relief under Section 20 of the Protection of Women from Domestic Violence Act, 2005before the Court of Metropolitan Magistrate at Bengaluru against her husband, her in-laws and other relatives of her husband who were residing in Chennai, Rajasthan and also in Gujarat. Then the Magistrate, Bengaluru issued notice to all the person who were alleged by wife by holding that the Court has the jurisdiction to… Continue Reading...

Tagged: Domestic Violence Act   Supreme Court of India   Supreme Court of India  
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