Case Note & Summary
The case involves a dispute under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The appellant, Neelam Gupta, married Mahipal Sharan Gupta (respondent No.1) after the death of his first wife, Geeta Gupta. The couple resided in a property owned by Geeta Gupta. After marital discord, the appellant filed a petition under Section 12 of the DV Act seeking protection of her right of residence, and an order dated 17.06.2008 was passed in her favor. Subsequently, the son from the first marriage, Arnav Gupta (respondent No.2), filed a partition suit, which was decreed, and the High Court directed that the decree be executed subject to variation of the protection order. The Mahila Court, on an application for variation, directed the husband to provide alternative accommodation in the same locality or pay rent of ₹15,000 per month. This was upheld by the Additional Sessions Judge and the High Court. The Supreme Court entertained the appeals to explore settlement. The husband offered to pay 1/3rd of the sale proceeds of the property as a permanent settlement, subject to annulment of marriage. The appellant agreed but sought a minimum of ₹65 lakhs, estimating the property value at ₹1.85-2.25 crores. The husband did not dispute this. The Supreme Court, noting the husband's offer and the appellant's acceptance, directed the husband to pay ₹65 lakhs within eight weeks, upon which the appellant would vacate the premises. The appeals were disposed of accordingly.
Headnote
A) Protection of Women from Domestic Violence Act, 2005 - Right of Residence - Shared Household - Alternative Accommodation - Section 12 - The appellant, a widow remarried, sought protection of her right of residence in a property owned by her husband's first wife. The Supreme Court, considering the history of litigation and the husband's offer, directed the husband to pay ₹65 lakhs as a permanent settlement in lieu of providing alternative accommodation, thereby settling the matter finally. (Paras 1-9) B) Protection of Women from Domestic Violence Act, 2005 - Permanent Settlement - Quantum - Section 12 - The Court accepted the appellant's estimate of the property's market value (₹1.85-2.25 crores) and the husband's offer of 1/3rd share, fixing the amount at ₹65 lakhs, to be paid within eight weeks, with the appellant vacating the premises upon payment. (Paras 8-9)
Issue of Consideration
Whether the appellant is entitled to a permanent settlement in lieu of her right to residence under the Protection of Women from Domestic Violence Act, 2005, and what should be the quantum of such settlement.
Final Decision
The Supreme Court allowed the appeals, directing respondent No.1 to pay ₹65 lakhs to the appellant within eight weeks as a permanent settlement in lieu of her right to residence. Upon payment, the appellant shall vacate the premises. The appeals were disposed of accordingly.
Law Points
- Right of residence under DV Act
- Shared household
- Alternative accommodation
- Permanent settlement
- Section 12 Protection of Women from Domestic Violence Act
- 2005
