VidhiSangh

Supreme Court of India · 14/07/2017

MANMOHAN ATTAVAR versus NEELAM MANMOHAN ATTAVAR

[2017] 6 S.C.R. 356 · 2017 INSC 618

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court set aside an ex parte direction allowing occupation of premises in which the parties admittedly had never lived together, and reversed withdrawal of the pending domestic-violence appeal to the High Court. The appeal was to be heard by a nominated Additional Sessions Judge; the underlying relationship and substantive claims were left undecided.

Issues

  1. Whether interim occupation could be ordered in premises never shared by the parties.
  2. Whether the pending statutory appeal should have been withdrawn to the High Court.

Provisions considered

Held

Result

Both appeals allowed, parties to bear their own costs. Occupation and withdrawal orders set aside; Chief Justice requested to nominate a Bangalore ASJ for expeditious appeal disposal.

Judgment PDF: Supreme Court of India, [2017] 6 S.C.R. 356.