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RAJEEV RANJAN PRASAD
Madhuri Kumari – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J. – Heard learned counsel for the petitioner, the opposite party no.2 and the State.
2. Petitioner in the present case is seeking setting aside of the judgment dated 21.10.2019 passed by learned Additional Sessions Judge, XIV, Patna in Criminal Appeal No.37 of 2019 by which the learned Sessions Judge has been pleased to allow the appeal and set aside the order dated 08.01.2019 passed by learned Additional Chief Judicial Magistrate-cum-Sub Judge- IVth, Patna in Domestic Violence Case No.21 of 2018.
Brief facts of the case
3. It appears from the records that the petitioner in the present case filed a Domestic Violence Case No.21 of 2018 against her husband who is opposite party no.2 in the present revision application. It is the case of the petitioner that she was married with opposite party no.2 on 30.01.2013 in accordance with the Hindu Rites and Customs at Noorani Bagh, Alamganj, Patna. Her parents had given Rs.5 lacs by cheque in the name of the petitioner and had spent a sum of Rs.6 lacs in the said marriage. They had also given some gold ornaments and household utensils and other items of daily use for a prosperous martial life of the petitioner.
4. It is all
The Domestic Violence Act, 2005 allows for protection orders to be sought without a limitation period, and a domestic relationship is defined broadly to include past cohabitation, regardless of curre....
The need for specific and substantial allegations of domestic violence to support proceedings under the Protection of Women from Domestic Violence Act, 2005.
(1) Ratio of decision is apposite to the facts and circumstances.(2) Cannot be said that no protection relief has been sought for against the present petitioner.
Divorced wives can invoke provisions of the Protection of Women from Domestic Violence Act, 2005 for claims regarding previous marriage responsibilities.
The right to reside in a shared household is not restricted to actual residence and can be enforced by any woman in a domestic relationship, irrespective of whether she has any right, title, or benef....
The court affirmed that domestic violence encompasses various forms of abuse, and maintenance should be awarded from the date of the application under the DV Act, not the date of the order.
Limitations under Section 468 of the CrPC do not apply until there is a breach of an order issued under Section 12 of the Protection of Women from Domestic Violence Act.
Award of maintenance – It is not mandatory for aggrieved person to have actually lived or resided with those persons against whom allegations have been levelled at the time of seeking relief.
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