Document Fragment View
Fragment Information
Showing contexts for: dv act in Rupika Sharma vs The State Govt. Of Nct Of Delhi And Ors on 27 May, 2025Matching Fragments
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 21:58:50 affidavit affirming that she had not received any benefit under the LIC policy of her deceased husband. The Sessions Court, while dismissing the appeal, took the view that the order in question was purely interlocutory in nature and did not adjudicate upon any substantive rights of the parties. Accordingly, the Appellate Court held that no appeal under Section 29 of the DV Act would lie against such an order. Aggrieved thereby, the Petitioner has approached this Court by invoking its inherent jurisdiction under Section 528 of BNSS (earlier Section 482 of the Cr.P.C.).
Analysis and Observation
11. The present appeal has been filed under Section 29 of DV Act. Appellant/complainant has filed an application under Section 19 of DV Act seeking alternate accommodation or rent for the same. Section 19 of the Act deals with residence order to ensure the safety and well-being of aggrieved person by preventing the respondent from interfering with her residence.
8. The submission advanced on behalf of the Petitioner, that disclosure of her salary slips, bank statements, or personal financial information was unnecessary for adjudication under Section 19 of the DV Act, in the considered view of this Court, is untenable. Section 19 of the DV Act empowers the Magistrate to issue various forms of residence orders upon satisfaction that domestic violence has occurred. The reliefs contemplated under sub-section (1) of Section 19, empower the Court to direct the respondent to secure for the aggrieved person an alternate accommodation equivalent to the shared household, or to pay rent in lieu thereof [clause (f)]. For the sake of convivence Section 19 of the DV Act is extracted below:
[Emphasis supplied]
10. It is thus clear that while adjudicating an application under Section 19 of the DV Act, the analysis of the financial status of the aggrieved woman is an important consideration. Thus, in the facts and circumstances of the present case, the Petitioner's asserted right under Section 19 of DV Act which stems from her assertion that the property occupied by Respondents No. 2 and 3, i.e., her mother-in-law and brother-in-law, is a "shared household", would necessarily then also entail the Trial Court to consider her financial needs and existing resources and whether, in such circumstances, any liability can be foisted on the mother-in-law and brother- in-law to provide for financial assistance in the form of rent or for providing her alternate residential accommodation.