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G. A. SANAP
Abhishek Jain S/o Shri Subhash Jain – Appellant
Versus
Ruchi Jain W/o Shri Abhisehk Jain – Respondent
JUDGMENT :
G.A. SANAP, J.
1. Heard.
2. Rule. Rule made returnable forthwith. Heard finally with the consent of learned Advocates for the parties.
3. In this criminal writ petition, challenge is to the judgment and order dated 01.11.2022 passed by the learned Additional Sessions Judge-13, Nagpur whereby the learned Additional Sessions Judge dismissed the appeal filed by the petitioners under Section 29 of the Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as ‘the D.V. Act’) challenging the order dated 23.03.2022 passed by the Judicial Magistrate First Class, Nagpur. The respondent has filed an application under Section 12 of the D.V. Act and prayed for reliefs under Sections 18, 19, 20, 22 and 23 of the D.V. Act. The petitioners are the non-applicants in the said application. In the said application the respondent has narrated the facts leading to the filing of the proceeding under the D.V. Act.
4. In short, it is the case of the respondent that after marriage for few days she was treated properly. After few months of the marriage the petitioner No. 1 started doubting her character. The petitioner No. 2, who is mother-in-law of the respondent, joined them a
The proceedings initiated under the D.V. Act are of a civil nature and not criminal, and therefore, the provisions of Section 188 of the Cr.P.C. regarding sanction for inquiry into or trial of offenc....
The jurisdiction in domestic violence cases should prioritize the victim's temporary residence as per the provisions of the Domestic Violence Act, ensuring timely and effective relief.
(1) Inherent Jurisdiction – To secure ends of justice is much more than to decide case on legal points.(2) Domestic violence – Petition under DV Act can be filed in a court where person aggrieved per....
The court established that reliefs under the DV Act are civil, and appeals against such orders cannot be treated as criminal proceedings.
The court ruled that domestic violence proceedings can be pursued despite separation if the aggrieved party alleges domestic violence, affirming that jurisdiction under the Domestic Violence Act is v....
Proceedings initiated under Section 12 seeking reliefs under Sections 18 to 23 are civil in nature – Proceedings under Section 200 of Cr.P.C. and other relevant provisions of Cr.P.C. are not to be fo....
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