SAMIR VIDYASAGAR BHARDWAJ versus NANDITA SAMIR BHARDWAJ

SAMIR VIDYASAGAR BHARDWAJ versus NANDITA SAMIR BHARDWAJ

The Family Court's exercise of discretion under Section 19(1)(b) of the Domestic Violence Act, in directing the appellant-husband (a co-owner) to remove himself from the matrimonial home based on prima facie material of domestic violence, is not perverse and does not warrant Supreme Court interference at the interim...

Source-derived case information.

Parties
Appellant: Samir Vidyasagar Bhardwaj; Respondent: Nandita Samir Bhardwaj
Jurisdiction
India
Judgment Date
09 May 2017
Procedural Posture
Civil Appeal / Appeal From High Court Order Affirming Family Court Interim Order
Outcome
appeal dismissed
Legal Topics
Shared Household, Mandatory Injunction, Interim Orders, Protection of Women From Domestic Violence Act, Special Marriage Act, Maintenance, Divorce
Family Law Domestic Violence Shared Household Mandatory Injunction Interim Orders Protection of Women From Domestic Violence Act Special Marriage Act Maintenance +1 more

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Parties

Samir Vidyasagar Bhardwaj

Appellant

Nandita Samir Bhardwaj

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Affirming Family Court Interim Order

Legal Issues

  1. 1 Whether the Family Court's order directing a co-owner husband to remove himself from the matrimonial home at the interim stage is legally sustainable under Section 19(1)(b) of the Protection of Women from Domestic Violence Act, 2005
  2. 2 Whether Family Court's discretion under Section 19(1)(b) was perverse or warrants interference

Ratio Decidendi

The Family Court's exercise of discretion under Section 19(1)(b) of the Domestic Violence Act, in directing the appellant-husband (a co-owner) to remove himself from the matrimonial home based on prima facie material of domestic violence, is not perverse and does not warrant Supreme Court interference at the interim stage.

Court Disposition

appeal dismissed

Orders

  • Family Court, Bandra, Mumbai directed to expedite hearing in the divorce petition and dispose it expeditiously.
  • No costs awarded.