Back
PRAKASH D. NAIK
Shrinath Vijay Rao – Appellant
Versus
Shraddha Shrinath Rao – Respondent
JUDGMENT/ORDER
PRAKASH D.NAIK, J. - Heard learned Counsel for the Petitioner and the Respondent.
2. The petitioner has invoked the inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), challenging the proceedings initiated by Respondent under the provisions of The Protection of Women from Domestic Violence Act, 2005, (Domestic Violence Act, for short).
3. The Petitioner and the Respondent are husband and wife. The marriage between them was registered on 26/11/2007. Out of their wedlock, child was born to them on 10/2/2011. However, subsequently, there were differences between them. The Respondent initiated the proceedings under the Domestic Violence Act.
4. The Respondent's contention in the proceedings initiated by her under the Domestic Violence Act is that there was verbal and emotional abuse to the Respondent by the Petitioner. The Petitioner was having fake accounts on social media and on Gmail. He was indulging in online chatting with women. He was confronted by Respondent. He used to lose his temper and get aggressive. She was assaulted. She was forced to move out of the house. The Petitioner used to drink alcohol, stay out every nigh
The Domestic Violence Act provides protection against domestic abuse, allowing claims to be made even after leaving the shared household, and the inherent powers under Sec. 482 of the Cr.P.C. cannot ....
Proceedings under the Protection of Women from Domestic Violence Act are quasi-criminal, thus maintainable; quashing petitions at this stage is inappropriate when prima-facie allegations exist.
The main legal point established in the judgment is that invoking the D.V. Act after adverse findings in previous proceedings can amount to an abuse of process of law. The court also clarified that c....
Maintainability of complaint – Domestic relationship has to be in present and not in the past.
The central legal point established in the judgment is the requirement of a subsisting domestic relationship between the respondent and the complainant for the court to pass an order under the DV Act....
The court established that proceedings under the Domestic Violence Act cannot be quashed unless it is clear that no prima facie case exists and the allegations are malicious.
Prima facie satisfaction of the Magistrate about instances of domestic violence is sufficient for the issuance of summons under the Protection of Women from Domestic Violence Act.
The main legal point established in the judgment is that a complaint under the PWDV Act may not be maintainable after a prolonged period of living separately and after the decree of divorce, as it co....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
