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You are here: Home » Court rejects sister’s application under PWDVA (DV Act)

Court rejects sister’s application under PWDVA (DV Act)

20 Oct 2009 By videv 4 Comments

In an interesting judgment, a court has rejected a woman’s application under PWDVA (DV Act) for right to residence against her brother.

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http://www.indianexpress.com/news/court-rejects-financially-independent-womans-plea-for-maintenance/525864/0

Here is the main excerpt on how the case was decided:

The 47-year-old woman said in her petition that she had left for the USA in September 2000 but when she returned to India in July, 2008, her brother did not let her in. As she had no alternate accommodation and was a patient of a skin disease, it was the duty of her brother under the Act to maintain her and let her live in the shared household.
ASJ Sarvaria, however, differed. “When a woman, though unmarried, is prima facie sufficient to maintain her and has herself been living abroad for about nine years, the temporary relief of residence if granted would cause continuous inconveniences to others living in the property,” said the court.

It further noted that granting relief to her would spell trouble for others and the “justice oriented approach” did not allow for the same.

Comments: Given lack of more details, prima facie it looks that the woman was of more than abundant means and the case has somewhat frivolous standing. For example, the sister in this case may not have good relations with her brother. Does it mean that brother is bound to give residence to her. What if she gets the residence and then creates trouble for other family members?

Also, it seems right on the point that given the woman was not staying with brother for last many years and was in fact abroad, the concept of “domestic relationship” as given under PWDVA cannot be assumed except by far-fetched imagination.

On the other hand, the fact that the courts have not probably given even few favourable verdicts to women who are not wives/live-in relationships; but they have given rights to women who had nothing but few casual sex encounters with friend/colleague; it seems the PWDVA (Domestic violence act) is just the medicine doctor ordered for a disgruntled woman who wants to settle scores or have a comfortable life at expense of men.

READ:  Delhi court denies residence rights on in-laws’ house under DV Act

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Filed Under: Uncategorised Tagged With: PWDVA(DV Act)

Comments

  1. SASANKA MISHRA says

    May 10, 2017 at 7:23 pm

    Domestic Violence is the violence taking place between members in domestic relationship in a SHARED HOUSEHOLD. A Shared household of the sister(unmarried) is her own house or her rented house or her ancestral house where she has stayed for for some period in her life. If the house is none of the above categories, it is not shared house hold of the sister for the purpose of Domestic Violence under the PWDV Act.

    Reply
  2. Dibyajyoti Kumar Panda says

    October 10, 2015 at 9:14 pm

    Court rejects sister’s application under PWDVA(DV act) please send me the case number/year/court details.It will be useful for me.

    Reply
    • Dibyajyoti Kumar Panda says

      October 10, 2015 at 9:17 pm

      I want to know the details of the judgement mentioned above.For example CRLREV/2011/delhi high court/between x and y.

      Reply
    • videv says

      October 14, 2015 at 10:40 am

      If you really need it, then try to search it approximate date range of judgment, court etc.

      Reply

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