MANMOHAN ATTAVAR versus NEELAM MANMOHAN ATTAVAR

MANMOHAN ATTAVAR versus NEELAM MANMOHAN ATTAVAR

Since the respondent never resided in the appellant's premises, she was not entitled to residence orders under the Domestic Violence Act; therefore, the High Court's interim order granting her right to occupy the premises was unsustainable. The transfer of proceedings from the appellate court to the High Court was without valid reason and wrongly deprived the appellant of appellate scrutiny.

Parties
Appellant: Manmohan Attavar; Respondent: Neelam Manmohan Attavar
Jurisdiction
India
Judgment Date
14 July 2017
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Orders
Outcome
Appeals allowed
Legal Topics
Protection of Women From Domestic Violence Act, Residence Orders, Domestic Relationship, Transfer of Proceedings
Family Law Criminal Law Constitutional Law Protection of Women From Domestic Violence Act Residence Orders Domestic Relationship Transfer of Proceedings

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Parties

Manmohan Attavar

Appellant

Neelam Manmohan Attavar

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Orders

Legal Issues

  1. 1 Whether an interim order could have been passed permitting the respondent to occupy the appellant's premises under s.17, 19 of the Protection of Women from Domestic Violence Act
  2. 2 Whether the High Court was correct in withdrawing appeal proceedings from the appellate court to itself

Ratio Decidendi

Since the respondent never resided in the appellant's premises, she was not entitled to residence orders under the Domestic Violence Act; therefore, the High Court's interim order granting her right to occupy the premises was unsustainable. The transfer of proceedings from the appellate court to the High Court was without valid reason and wrongly deprived the appellant of appellate scrutiny.

Court Disposition

Appeals allowed

Orders

  • Interim order dated 19.09.2016 permitting respondent to occupy appellant’s premises set aside.
  • Order dated 24.10.2016 withdrawing appeal proceedings to High Court set aside.