SARASWATHY versus BABU

SARASWATHY versus BABU

The act of the husband, including continued refusal to allow the wife to reside in the shared household after court orders, constitutes domestic violence under Section 3 of the Protection of Women from Domestic Violence Act, 2005. Courts can take into account conduct prior to the Act’s commencement while granting reliefs under Sections 18, 19, and 20 of the Act.

Parties
Appellant Wife: Saraswathy; Respondent Husband: Babu
Jurisdiction
India
Judgment Date
25 November 2013
Procedural Posture
Criminal Appeal No. 1999 of 2013 / Appeal Against Judgment and Order Dated 13th December, 2011 of the High Court of Madras in Cr L R.c. No. 1321 of 2010
Outcome
Appeal allowed; High Court judgment set aside.
Legal Topics
Domestic Violence, Protection of Women From Domestic Violence Act, 2005, Maintenance, Residence Orders, Compensation
Family Law Criminal Law Domestic Violence Protection of Women From Domestic Violence Act, 2005 Maintenance Residence Orders Compensation

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Parties

Saraswathy

Appellant Wife

Babu

Respondent Husband

Procedural Posture

Criminal Appeal No. 1999 of 2013 / Appeal Against Judgment and Order Dated 13th December, 2011 of the High Court of Madras in Cr L R.c. No. 1321 of 2010

Legal Issues

  1. 1 Whether husband's refusal to comply with court order amounts to 'domestic violence' under the Protection of Women from Domestic Violence Act, 2005
  2. 2 Whether conduct prior to commencement of the Act can be considered for reliefs under the Act

Ratio Decidendi

The act of the husband, including continued refusal to allow the wife to reside in the shared household after court orders, constitutes domestic violence under Section 3 of the Protection of Women from Domestic Violence Act, 2005. Courts can take into account conduct prior to the Act’s commencement while granting reliefs under Sections 18, 19, and 20 of the Act.

Court Disposition

Appeal allowed; High Court judgment set aside.

Orders

  • Respondent-husband directed to comply with lower court orders regarding residence and maintenance within three months.
  • Respondent-husband directed to pay Rs.5,00,000/- as compensation and damages to appellant-wife within six months from date of Supreme Court order.