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J. C. DOSHI
Bhupeshkumar Jayantilal Prajapati – Appellant
Versus
Runali Bhupeshkumar Prajapati – Respondent
JUDGMENT :
1. By way of present Revision Application under section 397 read with section 401 of Cr.P.C., the applicants challenge the order dated 22.06.2022 passed by learned JMFC, Vadodara in Criminal Misc. Application No.4100 of 2018, whereby, under Protection of Women from Domestic Violence Act, 2005 (in short ‘the Act’), learned JMFC granted several reliefs under sections 19(f) and 22 of the Act in an application under section 12 of the Act. Relief granted by the learned JMFC is in tune of Rs.2000/- under section 19(f) of the Act towards rent in-lieu of accommodation and further granted Rs.5,000/- towards maintenance to wife and did not decide to grant relief to minor child as minor child was getting Rs.3000/- from the order of learned Family Court but directed to pay educational expenses of minor son and in addition thereto, also ordered to pay Rs.10,000/- as compensation under section 22 of the Act. The applicant – husband challenged the said order before the learned Additional Sessions Judge, Vadodara by filing Criminal Appeal No.217 of 2022. Learned Additional Sessions Judge by order dated 28.11.2023 dismissed the appeal upholding the judgment and order delivered by the lear
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.
Point of law : When the case is made out by the petitioner for sending the matter back to the Court concerned for fresh consideration.
The court established that the interim maintenance awarded under the Protection of Women from Domestic Violence Act must address the immediate financial needs of aggrieved persons, reflecting their s....
The main legal point established in the judgment is that a widowed daughter-in-law is entitled to maintenance and other relief from her father-in-law according to the provisions of the PWDV Act.
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....
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.
Allegations of domestic violence must be proven for entitlement to reliefs under the DV Act, and the court may consider the respondent's financial resources in determining maintenance allowance.
Domestic violence legislation mandates adequate monetary relief for the aggrieved spouse, with courts retaining jurisdiction to modify relief only under exceptional circumstances, substantiated by ev....
The courts upheld the protective provisions of the Domestic Violence Act, emphasizing the aggrieved person's rights to custody and financial relief.
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