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february 2012

Supreme Court of India · 2012-02-07

V.D.BHANOT vs SAVITA BHANOT

Citation / case number
SC 2010/60312
Court
Supreme Court of India
Petitioner
V.D.BHANOT
Respondent
SAVITA BHANOT
Author
ALTAMAS KABIR
Bench
J. CHELAMESWAR ALTAMAS KABIR

Judgment text excerpt

The Supreme Court held that a woman can maintain a petition under the Protection of Women from Domestic Violence Act, 2005 (PWD Act) even if she is no longer residing with her husband or if the alleged acts of domestic violence occurred before the Act came into force on 26th October 2006. The Court emphasized the importance of Article 21 of the Constitution, which guarantees the right to life and personal liberty, and clarified that the provisions of the PWD Act are meant to provide protection to women irrespective of the timing of the domestic relationship. The Court overturned the lower court's dismissal of the appeal, affirming the maintainability of the petition under the PWD Act.

V.D.BHANOT vs SAVITA BHANOT · Niyam