V.D. Bhanot Vs Savita Bhanot
BRIEF FACTS IN SHORT:-
Parties were married in 1980, and lived jointly till 2005. In 2006, Savita Bhanot filed a application before metropolitan magistrate for various reliefs under the PWDVA. She required pecuniary relief from her spouse and the protection of her right to reside in her matrimonial home, both of which she was permitted under PWDVA.
Issue Involved: Retrospective application of PWDV Act:
Magistrate granted interim relief to the Respondent and directed the Petitioner to pay her a sum of Rs.6,000/- per month.
Same was challenged before the Delhi High Court, but such challenge was rejected.
Magistrate directed the Petitioner to let the Respondent live her on matrimonial home.
Magistrate directed, if this was not possible, Petitioner have to pay Rs.10,000/- per month to the Respondent as rental charges.as she was not satisfied from the order of magistrate, Hence, she preferred an appeal before session court which was dismissed and opined that “since the petitioner had left the matrimonial home on 4.7.2005 and the Act came into force on 26.10.2006, the claim of a woman living in domestic relationship or living together prior to 26.10.2006, was not maintainable”
Before High Court The learned Judge held that a petition under the provisions of PWD Act, 2005, is maintainable even if the acts of domestic violence had been committed prior to the coming into force of the said Act.
Thereafter husband approached the Hon’ble Supreme Court against the order passed by the high court but Supreme Court was very satisfied with the order in view of that Delhi High Court has also rightly held that even if a wife, who had shared a household in the past, but was no longer doing so when the Act came into force, would still be entitled to the protection of the PWD Act, 2005. Further more the Hon’ble Supreme Court making an allowance for the difficult age of the Respondent, directed the petitioner to provide suitable portion of his residence to Respondent and a sum of 10,000 per month for her maintenance/alimony/daily allowances
CONCLUSION:-
Objective of this act was to protect women from Domestic Violence and hence the Act should be interpreted in favor of those women who are victims of Domestic Violence
You may contact me for your specific case by visiting Contact Us
Leave A Comment