Poonam Bassi vs Sudhakar Bassi And Anrs on 4 December, 2017
In normal
circumstances, in case the husband had been able to prove that the wife had
left the matrimonial home of her own accord or there was no domestic
violence, the wife, not being an aggrieved party, would not have been
entitled to claim maintenance or a right to residence as has been held in
Santosh Sharma's case (supra) and Swapnil Kohle case (supra). However in
the instant case, the said judgments would not be of much help to the
respondent No. 1 since he had filed an appeal against the order passed by
the JMIC under Section 12 of the DV Act and on dismissal of the appeal he
did not challenge it further. The orders have thus attained finality qua the
respondent, to the effect that there has been domestic violence within the
shared household between the petitioner and the respondent No. 1. Any
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CRM-M-6519-2014 (O&M)
reference to the acquittal under Section 498-A IPC will have no bearing in
the instant case.