Domestic Violence Act, 2005 — Section 2(f) — The phrase “at any point of time” used under — Meaning of — Explained.
February 26th, 2013
Domestic Violence Act, 2005 — Section 2(f) — The phrase “at any point of time” used under — Meaning of — Explained.
HELD: I consider that “at any point of time” under the Act only means where an aggrieved person has been continuously living in the shared household as a matter of right but for some reason the aggrieved person has to leave the house temporarily and when she returns, she is not allowed to enjoy her right to live in the property. However, “at any point of time” cannot be defined as “at any point of time in the past” whether the right to live survives or not. For example if there is a joint family where father has several sons with daughters-in-law living in a house and ultimately sons, one by one or together, decide that they should live separate with their own families and they establish separate household and start living with their respective families separately at different places; can it be said that wife of each of the sons can claim a right to live in the house of father-in-law because at one point of time she along with her husband had lived in the shared household.
Sonia Chauhan Raghove v. Sanjive Raghove, Crl. M.C. 452/2012(07/02/2012), 2012(2) AD(Delhi) 623: 2012(4) Crimes 59 [Suresh Kait, J.]
Entry Filed under: Judgements,Matrimonial Laws
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