KRISHNA BHATACHARJEE versus SARATHI CHOUDHURY AND ANR.

KRISHNA BHATACHARJEE versus SARATHI CHOUDHURY AND ANR.

Retention of Stridhan articles by the husband is a continuing offence under the Protection of Women from Domestic Violence Act, 2005. A wife, even after judicial separation, remains an 'aggrieved person' and may claim relief under Section 12 of the Act so long as marital status and custody persist. The application for recovery of Stridhan is not barred by limitation.

Parties
Appellant: Krishna Bhatacharjee; Respondent: Sarathi Choudhury; Respondent: Another Respondent
Jurisdiction
India
Judgment Date
20 November 2015
Procedural Posture
Criminal Appeal / Supreme Court Appeal Against High Court Order
Outcome
Appeal allowed
Legal Topics
Protection of Women From Domestic Violence Act, Stridhan, Judicial Separation Vs Divorce, Limitation, Economic Abuse
Matrimonial Law Criminal Law Constitutional Law Protection of Women From Domestic Violence Act Stridhan Judicial Separation Vs Divorce Limitation Economic Abuse

Case Brief

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Parties

Krishna Bhatacharjee

Appellant

Sarathi Choudhury

Respondent

Another Respondent

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against High Court Order

Legal Issues

  1. 1 Whether an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, for seizure of Stridhan articles is maintainable after judicial separation.
  2. 2 Whether retention of Stridhan by the husband constitutes a continuing offence under the Act.
  3. 3 Whether the application by the wife was barred by limitation.

Ratio Decidendi

Retention of Stridhan articles by the husband is a continuing offence under the Protection of Women from Domestic Violence Act, 2005. A wife, even after judicial separation, remains an 'aggrieved person' and may claim relief under Section 12 of the Act so long as marital status and custody persist. The application for recovery of Stridhan is not barred by limitation.

Court Disposition

Appeal allowed

Orders

  • Orders passed by the High Court and the courts below are set aside.
  • Matter is remitted to the learned Magistrate to proceed with the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, on merits.