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--------------- Print Magazine --------------
  May 2016
  April 2016
Domestic Violence

Reasonable Classification

The provisions of Protection of Women from Domestic Violence Act giving preferential treatment to wife over husband under the Act is not violative of Article 14 or Article 16 of the Constitution of India.

Dennison Paulraj v. Union of India , AIR 2009 (NOC) 2540 (Mad.)

Locus standi to file petition

An aggrieved person or a protection officer or any other person on behalf of aggrieved person is entitled to file a petition.

T.K. Surendran v. State of Kerala , (2009) 83 AIC 312 (Ker.)

Aggrieved person

Section 12 of the Protection of Women from Domestic Violence Act, 2005 embraces in itself and covers the remedies available to the aggrieved person under section 17 which grants the right of residence in a shared household.

Asifa Khatoon v. Rubina , (2009) 78 AIC 879 (Cal.)

Jurisdiction of Magistrate

A Judicial Magistrate of First Class alone can exercise jurisdiction. The Chief Judicial Magistrate who is not a Judicial Magistrate of the First Class can not entertain the application under section 12 of the Protection of Women from Domestic Violence Act, 2005.

Anil Kumar v. Sindhu , 2009 (79) AIC 489 (Ker.)

Alternative accommodation and shared Household

The claim for alternative accommodation can only be made against husband and not against in-laws or other relatives. The wife is only entitled to claim a right to residence in a shared household and a "shared household" would only mean a house belonging to or taken on rent by the husband or a house which belongs to the joint family of which the husband is a member.

S.R. Batra v. Smt. Tarun Batra , AIR 2007 SC 1118: 136 (2007) DLT 1 (SC): 1 (2007) DMC 1 (SC): 2007 (1) UJ 2 (SC)

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