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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Ajit Kumar Nayak – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Partha Sarathi Sen, J.
In Re : CRAN 1 of 2024
1. At the time of hearing, learned advocate appearing on behalf of the petitioners submits before this Court that the prayer made in CRAN 1 of 2024 has practically became infructuous with the lapse of time.
2. Learned advocate for the petitioners thus, submits that she does not want to press CRAN 1 of 2024.
3. In view of the submissions made, CRAN 1 of 2024 is dismissed for non-prosecution.
In Re : CRR 1347 of 2024
1. In this criminal revisional application the legality, propriety and correctness of the order dated 17.10.2019 as passed in AC 1930 of 2016 by the learned Judicial Magistrate, 7th Court, Alipore, South 24 Parganas and the judgment and order dated 23.02.2024 as passed in Criminal Appeal No.250 of 2019 by the learned Additional Sessions Judge, Fast Track 2nd Court, Alipore, South 24 Parganas are assailed.
2. By the impugned order dated 17.10.2019 the learned Judicial magistrate while disposing an application under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the said Act” in short) directed the respondent no.1 /revisionist to pay Rs.5000/- per month to the aggrieved pe
The main legal point established in the judgment is that the aggrieved person has the right to seek relief under the Domestic Violence Act at any stage, even if living separately from the respondent.
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.
Revision petitions challenging interlocutory orders are not maintainable under Section 438(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The main legal point established in the judgment is the interpretation and application of Section 23 of the Act No. 43 of 2005, which empowers the Magistrate to grant interim monetary relief to aggri....
DV Act proceedings quashed absent subsisting domestic relationship after prolonged separation and spousal death, with inordinate delay, vague allegations, and ulterior property/pension motives consti....
Maintenance – Alteration, modification or revocation of order granting maintenance – Change in circumstance must occur only after an initial order is made under Section 12 of Domestic Violence Act, 2....
The court clarified the nature of interlocutory orders and their impact on the rights of the parties involved.
The entitlement of reliefs under the Protection of Women from Domestic Violence Act, 2005, is based on the occurrence of domestic violence and the suffering of the aggrieved person, as established by....
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