AJOY KUMAR MUKHERJEE
Saktipada Sannigrahi – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Ajoy Kumar Mukherjee, J. - The present revisional application has been preferred for quashing of the proceeding being Misc. Case No.68 of 2020 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the PWDV Act), pending before the learned Chief Judicial Magistrate, Sadar Court, Purulia.
2. The opposite party no.2 herein is the wife of one Kuntal Panda (who is not the petitioner herein) and after marriage, said Kuntal Panda and the opposite party no.2 started to reside as husband and wife at Flat No.104, Block - KA, Siddha Town, Rajarhat, under P.S. Narayanpur.
3. Petitioner alleged that since the very inception of the marital life, the opposite party no.2 never shown any inclination or enthusiasm to accept her marriage nor she had any sympathy, trust, regard, respect, love or affection towards adjustment of her matrimonial life. Subsequently, she was detected to be a psychiatric patient and she was medically treated by a psychiatrist.
4. On 15th February, 2020 the respondent no.2 left the matrimonial home situated at Rajarhat, New Town, on the pretext of visiting her ailing grandmother at Purulia. Thereafter, it came to the kn
Distant relatives residing in a separate district may not be necessary parties in a domestic violence proceeding under the PWDV Act, and their presence may not be required for adjudication.
Maintainability of complaint – Domestic relationship has to be in present and not in the past.
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....
Only individuals living in a shared household with the aggrieved person qualify as respondents under the Domestic Violence Act, as defined in Sections 2(q) and 2(f).
A person cannot be made a respondent in domestic violence proceedings unless there is a domestic relationship as defined by the PWDV Act.
Lack of domestic relationship precludes application of domestic violence laws.
The court ruled that a domestic relationship ends upon establishing separate households, disallowing a domestic violence claim under the Act.
Prima facie allegations of domestic violence under the PWDV Act do not require detailed particulars of every single act of cruelty, and the veracity of the allegations would depend upon the evidence ....
The veracity of the allegations in a complaint petition under the PWDV Act depends on the evidence to be adduced by the complainant, and it is not necessary for the complainant to cite detailed parti....
For domestic violence proceedings, courts must find specific allegations against individuals; general claims are insufficient to hold parties accountable.
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