V.D. BHANOT versus SAVITA BHANOT

V.D. BHANOT versus SAVITA BHANOT

Relief under the Protection of Women from Domestic Violence Act, 2005 is maintainable for acts occurring prior to its commencement and for wives who had shared a household but are not residing together at the time of commencement; orders of residence and protection are justified given the facts.

Parties
Petitioner: V.D. Bhanot; Respondent: Savita Bhanot
Jurisdiction
India
Judgment Date
07 February 2012
Procedural Posture
Special Leave Petition (criminal) / Final Decision
Outcome
Special Leave Petition disposed of; no costs.
Legal Topics
Domestic Violence, Maintenance, Right of Residence
Family Law Criminal Law Domestic Violence Maintenance Right of Residence

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Parties

V.D. Bhanot

Petitioner

Savita Bhanot

Respondent

Procedural Posture

Special Leave Petition (criminal) / Final Decision

Legal Issues

  1. 1 Whether relief under the Protection of Women from Domestic Violence Act, 2005 is maintainable for acts committed prior to the Act's commencement
  2. 2 Whether a wife not residing with her husband at the time of commencement of the Act is entitled to protection under the Act

Ratio Decidendi

Relief under the Protection of Women from Domestic Violence Act, 2005 is maintainable for acts occurring prior to its commencement and for wives who had shared a household but are not residing together at the time of commencement; orders of residence and protection are justified given the facts.

Court Disposition

Special Leave Petition disposed of; no costs.

Orders

  • Respondent (wife) to be provided with right of residence where Petitioner (husband) is residing under Section 19 of the Act.
  • Protection orders under Section 18 passed.