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Karnataka High Court: Relief ordered under DV Act is applicable to In-laws of woman if they are enjoying joint family property

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Munmun Kaur

Published On: December 29, 2021 at 12:55 IST

Karnataka High Court said that relief ordered by the Trial Court under the Domestic Violence Act is applicable to the woman’s father-in-law and brothers-in-law if they are enjoying joint family property without there being any partition.

The matter pertained to an order passed by the 1st additional sessions judge at Kalaburagi. Under Section 12 of the Protection of Women from Domestic Violence Act, 2005, the Trial Court had ordered Rs 3000 per month, medical expenses, and a separate house from the joint property be given to the woman. The Trial Court further ordered payment of arrears of maintenance within a month. But her father-in-law and brother-in-law challenged the order.

The Karnataka High Court made an observation that the Domestic Incident Report clearly showed that the petitioners were residing together and the family owned 9 acres of land and no partition had taken place.

The petitioners contended that the wife was residing separately since 2010 and that the petition was filed by her in 2013. Therefore, her petition seeking maintenance and other reliefs under section 12 of Domestic Violence Act, 2005, was not maintainable. Another contention raised was that the suit for partition was pending and no decree has been passed yet.

Although, the counsel for the wife argued that the act of domestic violence is a continuing offence and does not get time-barred.