Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

[Landmark Judgment] Juveria Abdul Majid Patni v. Atif Iqbal Mansoori (2014)

1 min read
Landmark Judgment Law Insider (1)

Published on: September 18, 2022 at 15:05 IST

Court- Supreme Court of India

Citation- Juveria Abdul Majid Patni v. Atif Iqbal Mansoori (2014)

Honourable Supreme Court of India has held decree of divorce does not absolve the liability of the Husband towards his Wife for the benefits which she is entitled under the Domestic Violence Act, 2005. It is held that an Aggrieved Person is entitled to the Residential Order Under Section 19, Monetary Relief under Section 20, Child Custody under Section 21 and Compensation under Section 22 of Domestic Violence Act, 2005.

22. The reliefs which can be granted by the Magistrate under the Domestic Violence Act, 2005 are as follows:

(i) Right to reside in a shared household – Section 17;

(ii) Protection orders – Section 18;

(iii) Residence orders – Section 19;

(iv) Monetary reliefs – Section 20;

(v) Custody orders – Section 21;

(vi) Compensation orders – Section 22; and

(vii) Interim and ex parte orders – Section 23.

30. An act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the respondent from the offence committed or to deny the benefit to which the aggrieved person is entitled under the Domestic Violence Act, 2005 including monetary relief under Section 20, child custody under Section 21, compensation under Section 22 and interim or ex parte order under Section 23 of the Domestic Violence Act, 2005.

Drafted By Abhijit Mishra

Key Words- Supreme Court, Divorce, Domestic Violence Act, Husband, Liability