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BIBEK CHAUDHURI
Punit Agarwal @ Puneet Agrawal – Appellant
Versus
Ankita Jain @ Ankita Kumari – Respondent
Bibek Chaudhuri, J. – The instant Criminal Revision is directed against an order, dated 6th of September, 2021, passed by the Learned Additional Session Judge, XVIth, Bhojpur at Ara, in Criminal Appeal No. 23 of 2017, under Section 29 of the Protection of Women from Domestic Violence Act, 2005, (hereinafter described as the “said Act”), whereby and whereunder, the Learned Sessions Judge affirmed the order, dated 29th of November, 2016, passed by the Learned Additional Chief Judicial Magistrate, VIth Court, Bhojpur at Ara in Complaint Case No. 175(C) of 2016, being a proceeding under Section 12 of the Domestic Violence Act, allowing ex parte interim monetary relief, directing the Petitioner to pay monetary relief at the rate of Rs 15,000/- per month to the aggrieved person and Rs 10,000/- per month for the maintenance of the minor son of the parties and also one-time payment of Rs 25,000/- under the head of expenses of education of the said minor son of the parties.
2. It appears from the materials on record that marriage between the Petitioner and the Opposite Party was solemnized according to the Hindu Rites and Ceremonies on 3rd of February, 2012. The Petitioner filed an applicati
The main legal point established in the judgment is that the complaint made under Sec. 12 of the Protection of Women from Domestic Violence Act does not attract limitation period as it provides civil....
The need for adjustment or set-off of maintenance amounts awarded in previous proceedings under different statutes.
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.
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....
Maintainability of complaint – Domestic relationship has to be in present and not in the past.
Cognizance of offence – Cognizance’ ought to be taken within specified period from commission of offence but complainant should not be put to prejudice, if for reasons beyond control of prosecuting a....
Point of law : Under Section 2(q) of the DV Act, the word respondent means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggriev....
Section 28 of Act provides for following procedure to be followed by a Magistrate while dealing with application for reliefs.
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