Ateet Jain VS Chhavi Jain

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SWARANA KANTA SHARMA
Ateet Jain – Appellant
Versus
Chhavi Jain – Respondent

Counsel for the Parties:
For the Petitioner:Mr. Rajiv Khosla, Ms. Kashika Kapoor, Mr. Apoorva Khosla, Ms. Shreya Kumar Sharma and Mr. Surender Chauhan, Advocates
For the Respondent:Mr. Roopenshu Pratap Singh, Mr. Manish Sharma, Mr. Abhinav Bhatnagar and Mr. Aditya Taneja, Advocates.

JUDGMENT

Dr. Swarana Kanta Sharma, J.—The present revision petition has been filed by the petitioner-husband, assailing the order dated 31.10.2023 [hereafter „impugned order ], passed by the learned ASJ-05, Central District, Tis Hazari Courts, Delhi [hereafter „Sessions Court ] vide which the appeal filed by the petitioner under Section 29 of the Protection of Women from Domestic Violence Act, 2005 [hereafter „PWDV Act ] was dismissed, and the order dated 22.10.2021, passed by the learned MM-03, Mahila Court, Central, Tis Hazari Courts [hereafter „Magistrate ] was upheld.

Factual Background

2. Brief facts of the case are that the petitioner-husband and the respondent-wife were married on 26.09.2014, according to Hindu rites and ceremonies. No child was born from the wedlock. Owing to differences between the parties, the respondent-wife left the matrimonial home and filed an application under Section 12 of the PWDV Act along with an application under Section 23 of the PWDV Act, inter alia, alleging that she had been subjected to sexual, verbal, emotional and economic harassment, as well as harassment on account of dowry demands. Reply to the said application was thereafter filed by