Case Note & Summary
The High Court dismissed a Criminal Writ Petition filed by four petitioners seeking to quash proceedings under Protection of Women from Domestic Violence Act, 2005 initiated by respondents -- Petitioners argued no domestic relationship existed between petitioner No. 1 and respondent No. 1 as they never lived in shared household -- Respondents contended relationship in nature of marriage existed, resulting in pregnancy and birth of child -- Court examined Supreme Court guidelines for establishing 'relationship in nature of marriage' and found prima facie evidence supporting respondents' claims -- Court held proceedings should continue for proper evidence examination and dismissed petition as premature -- Protection of Women from Domestic Violence Act, 2005 interpreted liberally to include various relationships
Headnote
The High Court dismissed Criminal Writ Petition challenging proceedings under Protection of Women from Domestic Violence Act, 2005 -- Petitioners sought quashing of orders dated 08.09.2022 and 19.10.2023 in PWDVA No. 20/2022 -- Court examined whether relationship between petitioner No. 1 and respondent No. 1 constituted 'relationship in nature of marriage' under Section 2(f) of Protection of Women from Domestic Violence Act, 2005 -- Applied guidelines from D. Velusamy Vs. D. Patchaiammal and Indra Sarma Vs. V.K. Sarma -- Found prima facie evidence of domestic relationship based on prolonged sexual relationship, conception of children, and acknowledgment as husband-wife -- Held proceedings should continue for evidence examination -- Protection of Women from Domestic Violence Act, 2005 (D.V Act) interpreted liberally to protect women's rights
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Issue of Consideration: Whether the proceedings under Protection of Women from Domestic Violence Act, 2005 should be quashed on grounds of absence of domestic relationship between parties
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Final Decision
High Court dismissed Criminal Writ Petition No. 209/2024, allowing proceedings under Protection of Women from Domestic Violence Act, 2005 to continue for proper evidence examination
