Matrimonial Dispute – Casual Reference of Names of Family Members

Mere casual reference of the names of the family members in a matrimonial dispute without allegation of active involvement in the matter would not justify taking cognizance against them overlooking the fact borne out of experience that there is a tendency to involve the entire family members of the house hold in the domestic quarrel taking place in a matrimonial dispute especially if it happens soon after the wedding. Rajendra Sood v. State of U.P., 2017 (98) ACC 521.

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Aggrieved Woman in a domestic relationship – Right to reside in shared household

The aggrieved woman is entitled to use, enjoy and access the shared household. The prohibition or putting any kind of restriction comes within the definition of domestic violence as provided under Section 3 of the Protection of Women from Domestic Violence Act. Section 17 of the Act also provides that aggrieved women in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same and the aggrieved person shall not be evicted or excluded from the shared household or any part of it save in accordance with the procedure established by law. Chhangur Ram Nishad v. State of U.P., 2015 (90) ACC 494.