10/30/2020 MANMOHAN ATTAVAR v.

NEELAM MANMOHAN ATTAVAR - Advocatespedia

MANMOHAN ATTAVAR v. NEELAM

MANMOHAN ATTAVAR
Facts: The Respondent was in a relationship with the Appellant despite the fact that he was married and had a living
spouse. The Respondent initiated proceedings under Section 12 of The Protection of Women from Domestic Violence Act,
2005. The application was transferred on the request of the Respondent from one court to another. The application of
interim relief was rejected. The Respondent again sought a transfer from that court and the appeal was transferred to
another Court. The Respondent was once again aggrieved by the conduct of the proceedings filed a complaint to the High
Court. The application was not maintainable. High Court by an ex parte order stayed all further proceedings and
permitted the Respondent to occupy the premises of the Appellant. Hence, present appeal by the Appellant.

Held, while allowing the appeals: (i) The ex parte order permitting the Respondent to occupy the premises of the
Appellant was set aside on the ground that the Respondent had never stayed with the Appellant in the premises.[1] In
order for the Respondent to succeed, it was necessary that the two parties had lived in a domestic relationship in the
household. As the Appellant was Christian there could be no question of marrying the Respondent by applying kumkum
that to when the wife of the Appellant was alive.

(ii) The order of High Court of withdrawing the appeals from Trial Court was set aside on the ground of insufficient
reasons. There was not only absence of the reason for the same but it would also result in the deprivation of valuable rights
of the Appellant against the order of an Appellate authority.

1. MANU/SC/0808/2017

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