Case Name : Satish Chander Ahuja vs Sneha Ahuja Case Reference: (2021) 1 SCC 414 : (2020) 12 SCR 189 Case Number: Civil Appeal NO 3483 of 2020 Court: Supreme Court Bench: 03 Coram: Ashok Bhushan (Author), R Subhash Reddy, MR Shah Date: 15.10.2020
The purpose of the DV Act is to provide for a remedy which is an amalgamation of civil rights of the complainant (aggrieved person). The intention is to protect women against any kind of violence. The purpose of enacting this law is to provide a remedy in the civil for protection of women from being victims of domestic violence. The order passed by the Magistrate in the first instance is of a civil nature. A violation of the order, then the order assumes the nature of criminality.
The DV Act is to secure social justice by legislation; and has been enacted to create an entitlement in favour of the woman of the right of residence.
A respondent (DV - Section 2(q)) can also be a female in a domestic relationship with an aggrieved person (DV - Section 2(a))
Pendency of proceedings under DV Act regarding right of residence (under DV - Section 19) is not an embargo for initiating or continuing civil proceedings which relate to the subject matter of the order passed in the DV Act proceedings.
A judgment or order granting interim or final relief under DV - Section 19 is relevant within the meaning of Evidence, Section 43 can be referred to and looked into by civil court.
A civil court is to determine issues in civil proceedings on the basis of evidence led by parties before that civil court.
Refer also: Kunapareddy vs Kunapareddy Swarna Kumar, (2016) 11 SCC 774 Ramesh Chander Kaushal vs Veena Kaushal, (1978) 4 SCC 70 CrPC - Section 125 is a measure of social justice specially enacted to protect women and children and falls within the constitutional sweep of [Constitution - Article 15], reinforced by Constitution, Article 39. Interpretation must be one which advances the cause of derelicts, old parents, women and children. Manmohan Attavar vs Neelam Manmohan Attavar, (2017) 8 SCC 550 A woman has a right of residence under shared household irrespective of whether she has any legal rights in the same. On being satisfied that domestic violence has taken place, the Magistrate can direct the husband to restrain from dispossessing the woman; or even for the husband to remove himself from the premises. Hiral P Harsora vs Kusum Narottamdas Harsora, (2016) 10 SCC 165 The words “adult male” has been struck down. Respondent can also be a female in a domestic relationship with the aggrieved person.
See also: DV - Section 2(a) DV - Section 2(f) DV - Section 2(q)