PRABHA TYAGI Vs. KAMLESH DEVI

JUDGEMENT

(1.) The central legislature had framed an Act called as the Protection of Women from Domestic Violence Act, 2005, as enforced by virtue of the Presidential assent as given on 13.12.2005 and as notified in the official gazette of India for the first time on 13.09.2005. The statement, object and reasons of the Act provides that the Act intended to provide an effective protection of the women and protection of her rights, which are otherwise guaranteed to the women by the Constitution of the country and who is deprived of the same as a consequence of victimization or a violence, which has been committed against her in an eventuality, if she is residing in a family or for other connected matters related thereto, which are connected to the residence of the women alleging violence in the family.

(2.) Meaning thereby, if a logical interpretation is given to the intention and purpose of Domestic Violence Act, it would always flow in the circumstances, where the victim or the aggrieved person as defined under sub-section (1) of Section 4 of the Act, which means a women who is in a domestic relationship. The "domestic relationship"? here though it has been defined under sub-section (f) of Section 2 of the Act, it would be having a continuous process of a subsistence of a relationship and the violation alleged by the person aggrieved under the Act it has to be in an event where the domestic relationship continues to persist any breakage or discontinuance of the consanguinity or marriage or through a relationship as dealt with under sub-section (f) of Section 2, this Court for the reason to be assigned hereunder is of the view that the protection as contemplated under the said Act to be extended to the aggrieved person has to be dealt with depending upon the circumstances, which is prevailing in a particular case and precondition of existing domestic relation of Act of 2005. Section 4(1) and Section 2(f) are quoted hereunder:

(3.) Thereafter, the post funeral rites were performed and after cremation of deceased Kuldeep Tyagi had taken place and consequently the dispute between the family members of late Mr. Kuldeep Tyagi and the present revisionist is said to have been initiated when the present revisionist is said to have filed an application before the Special Judicial Magistrate II, Dehradun, by way of Miscellaneous Case No. 78 of 2007 'Prabha Tyagi vs. Smt. Kamlesh and 5 Others' by invoking the provisions contained under Sections 18 to 20 and 22 of the Domestic Violence Act of 2005 by filing the same on 24.07.2007.