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SAMIR J. DAVE
Samirkumar Chandubhai Joshi – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of present application, applicants have requested to quash and set aside the judgment and order dated 30.12.2022 passed by the learned 2nd Additional Sessions Judge, Gir Somnath Veraval in Criminal Appeal No. 19 of 2022 as well as judgment and order dated 08.08.2022 passed by learned Judicial Magistrate, Talala below Ex. 32 passed in Criminal Misc. Application No. 27 of 2019.
2. Brief facts of the present case are as under:
2.1 That, the respondents No.2 and 3 have filed Criminal Misc. application No. 27 of 2019 under Section 12 of the Protection of Women from Domestic Violence Act 2005 (hereinafter referred to as “the Act”) and in that matter, vide Ex. 6, respondents No.2 and 3 have filed an application Ex. 6 under Section 23 of the Act seeking interim relief and after hearing both the parties, learned JMFC, Talala vide its order dated 22.11.2021 partly allowed the application of the respondents no.2 and 3 directing the applicants herein to pay maintenance amount to the tune of Rs. 5,000/- per month to the respondent no.2 and Rs. 2,000/- per month to the respondent no.3 till final disposal of the application filed under Section 12 of the Act. Thereafter, the appl
The court established that the Protection of Women from Domestic Violence Act 2005 allows the court to deviate from the prescribed procedure and devise its own procedure, including permitting evidenc....
The absence of a specific provision in the law for producing additional examination in chief led to the rejection of the petitioner's request for an additional affidavit.
The main legal point established is the appealability of orders under Sections 12 and 23 of the Protection of Women from Domestic Violence Act, 2005, and the limited scope for interference by the app....
Interim maintenance under the Protection of Women from Domestic Violence Act does not require an affidavit in non-ex parte proceedings, emphasizing the statute's intent to protect aggrieved parties f....
The High Court affirmed that applications under Section 482 Cr.P.C. are maintainable against proceedings under the Domestic Violence Act, 2005 to prevent abuse of process, invalidating the prior judg....
The court established that reliefs under the DV Act are civil, and appeals against such orders cannot be treated as criminal proceedings.
Section 28 of Act provides for following procedure to be followed by a Magistrate while dealing with application for reliefs.
The court emphasized the obligation of the aggrieved person to inform the court of relief obtained in other proceedings and considered the just and reasonable nature of the order under the D.V. Act, ....
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