Case Note & Summary
The Supreme Court addressed a Special Leave Petition concerning the applicability of the Protection of Women from Domestic Violence Act, 2005 (PWD Act) in a case where the Respondent, Savita Bhanot, sought relief against her husband, V.D. Bhanot. The couple was married on 23rd August 1980 and lived together until 4th July 2005, after which misunderstandings arose, leading to Savita filing a petition under Section 12 of the PWD Act on 29th November 2006. The Magistrate granted interim relief, ordering V.D. Bhanot to pay Rs. 6,000 per month and issued a protection order allowing Savita to reside in her matrimonial home. V.D. Bhanot, after retiring from the Armed Forces, sought to evict Savita from government accommodation, prompting her appeal against the Magistrate's order, which was dismissed by the Additional Sessions Judge on 18th September 2009, citing that the claim was not maintainable as the cause of action arose before the PWD Act came into force. The Delhi High Court later ruled that the petition was maintainable, emphasizing the Act's purpose to protect women's rights under the Constitution. The Supreme Court upheld this view, stating that past conduct could be considered in adjudicating domestic violence claims. The Court modified the High Court's order, directing V.D. Bhanot to provide suitable accommodation for Savita in his residence and reduced the monetary relief from Rs. 10,000 to Rs. 4,000, ensuring she received a total of Rs. 10,000 monthly for maintenance. The Court emphasized the need for a safe living environment for Savita, who was childless and living alone at an advanced age. The Special Leave Petition was disposed of without costs.
Headnote
A) Domestic Violence - Maintainability of Petition - Petition under PWD Act maintainable even if acts of domestic violence occurred prior to the Act's enforcement - Protection of Women from Domestic Violence Act, 2005, Sections 12, 18, 19 - The court held that a woman can seek relief under the PWD Act even if she was not living with her husband at the time the Act came into force, emphasizing the need for effective protection of women's rights. (Paras 5-6). B) Domestic Violence - Right to Residence - Modification of High Court order to provide right of residence - Protection of Women from Domestic Violence Act, 2005, Section 19 - The court modified the High Court's order to ensure the Respondent's right to reside in the Petitioner's home, highlighting the importance of providing a safe living environment for the Respondent. (Paras 10-11).
Issue of Consideration
Whether a petition under the Protection of Women from Domestic Violence Act, 2005, is maintainable by a woman who is no longer residing with her husband or who was subjected to domestic violence prior to the Act's enforcement.
Final Decision
The Supreme Court modified the High Court's order, directing the Petitioner to provide suitable accommodation for the Respondent in his residence and ensuring she receives a total of Rs. 10,000 per month for maintenance. The Court emphasized the importance of providing a safe living environment for the Respondent.
Law Points
- Protection of Women from Domestic Violence Act
- 2005
- right to residence
- domestic violence
- interim relief
- maintenance
- eviction
