Lakshmanan v. Devaki
Case brief
What is this about?
This Court allowed a criminal revision challenging an order granting shared household relief to a wife under the Protection of Women from Domestic Violence Act, 2005. Upholding the lower courts, it held that the marital relationship and domestic violence justified the order despite the husband's asset diversion and the wife's superannuation, confirming the duty to provide accommodation.
What did the court decide?
The criminal revision petition and connected miscellaneous petition were dismissed; the lower court order directing the husband to provide accommodation was affirmed.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 10.11.2021
PRONOUNCED ON : 16.11.2021
CORAM:
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
CRL.R.C.NO.935 OF 2014 AND M.P.NO.1 OF 2014
Lakshmanan
Versus
Devaki
PRAYER:-
Criminal Revision Petition is filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records from the learned Principal District and Sessions Judge, Krishnagiri, dated 07.08.2012, confirming the judgment of the Trial Court in Crl.M.P.No.5265 of 2008, rendered by the learned Judicial Magistrate No.I, Krishnagiri, dated 12.05.2011.
For Petitioner : Mr.V.Rajamohan
Issues for consideration
2 issues framed by the court
Whether the direction to provide shared household relief under Sections 17 and 20 of the Protection of Women from Domestic Violence Act, 2005 was illegal given the parties' ages and financial status.
Whether the refusal of monetary relief due to the respondent's age and specific livelihood constraints negated the claim for shared household accommodation.
Parties & counsel
- petitioner
Lakshmanan
- respondent
Devaki
Coram
D. Bharatha Chakravarthy
Case details
As recorded by the court registry
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