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2015 Supreme(SC) 1065

DIPAK MISRA, PRAFULLA C.PANT
Krishna Bhatacharjee – Appellant
Versus
Sarathi Choudhury – Respondent


Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!) - (!)

What is the status of a wife as an "aggrieved person" under the Protection of Women from Domestic Violence Act, 2005 when parties are in judicial separation but not divorced?

What is the meaning and effect of "continuing offence" in the context of deprivation of stridhan under the 2005 Act, and how does it affect limitation for Section 12 applications?

What are the circumstances under which a court should consider maintainability and adjudicate on merits at threshold in DV Act cases, especially regarding economic abuse and stridhan retrieval?


JUDGMENT :

Dipak Misra, J.

Leave granted.

2. The appellant having lost the battle for getting her Stridhan back from her husband, the first respondent herein, before the learned Magistrate on the ground that the claim preferred under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, ‘the 2005 Act’) was not entertainable as she had ceased to be an “aggrieved person” under Section 2(a) of the 2005 Act and further that the claim as put forth was barred by limitation; preferred an appeal before the learned Additional Sessions Judge who concurred with the view expressed by the learned Magistrate, and being determined to get her lawful claim, she, despite the repeated non-success, approached the High Court of Tripura, Agartala in Criminal Revision No. 19 of 2014 with the hope that she will be victorious in the war to get her own property, but the High Court, as is perceivable, without much analysis, declined to interfere by passing an order with Spartan austerity possibly thinking lack of reasoning is equivalent to a magnificent virtue and that had led the agonised and perturbed wife to prefer the present appeal, by special leave.

3. Prior to the narration



















































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