SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2025 Supreme(Cal) 586

IN THE HIGH COURT AT CALCUTTA
UDAY KUMAR
Harbindar Kumar Sharma – Appellant
Versus
Baby Kaur Sharma – Respondent


Advocates Appeared:
For the Appellants : Abhishek Verma, Atulya Sinha Verma, Brihanwita Debnath, Aparna Sarkar, Suraj Naskar
For the Respondent: Sumanta Ganguly

JUDGMENT :

UDAY KUMAR, J.

1. This Revisional Application, CRR No. 134 of 2018, has been preferred by Harbindar Kumar Sharma (the petitioner/husband), for setting aside of the interim order of maintenance and protection granted to Smt. Baby Kaur Sharma (the opposite party/wife) and her minor daughter under Sections 12 and 23 of the Protection of Women from Domestic Violence Act, 2005 (the DV Act). This order was passed by the Learned Metropolitan Magistrate, 13th Court at Calcutta, in Misc. Case No. 25 of 2017, on December 16, 2017, following an application by the opposite party/wife. The petitioner/husband also sought quashing of the entire proceedings of domestic violence initiated against him, raising fundamental questions about the very existence of a "domestic relationship" between the parties, a prerequisite for the Act's applicability.

2. The dispute originated from the opposite party/wife's assertion that she married the petitioner/husband on March 5, 2006, under Hindu rites, and that their minor daughter, Isha Sharma, was born on November 10, 2007. She alleged that following their daughter's birth, she suffered severe physical and mental torture from the petitioner/husband and

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top