Punjab & Haryana HC: Can the applicant take recourse to the Domestic Violence Act proceedings to enforce her property rights?

 It needs to be clarified here that resort to Domestic Violence Act can not be done to enforce property rights as for enforcement of property right the parties are supposed to approach the Civil Court. Resort to Domestic Violence Act can only be done where there is urgent requirement of the wife of maintenance or residence because of domestic violence and she has been rendered home less or has lost source of maintenance. In this case the husband had pleaded that he was giving monthly maintenance and the wife had refused to accept the same. The Magistrate shall consider all these aspect and consider the domestic incident report and contents of the application and then proceed with the case in accordance with law. {Para 23}

 In the High Court of Punjab and Haryana at Chandigarh

(Before Anita Chaudhry, J.)

Crl. Misc. No. M-24058 of 2014

Om Parkash Syngal and others Vs Shimla Garg .

Citation: 2015 SCC OnLine P&H 16071 : 2016 Cri LJ 3111 : (2016) 3 RCR (Cri) 310 : (2016) 3 RCR (Civil) 225 : (2016) 1 HLR 362

Decided on December 1, 2015.

Read full judgment here: Click here.

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