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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Mitali Thakuria
Abdus Sattar S/O Late Rahman Ali – Appellant
Versus
State of Assam And Anr Rep. By The Pp, Assam – Respondent
JUDGMENT & ORDER :
MITALI THAKURIA, J.
Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent No.1 and Mr. D. A. Kayum, learned counsel for the respondent No.2.
2. This application is filed under Section 401 of the Code of Criminal Procedure, 1973, read with Section 482 of the Cr. P.C., praying for quashing and/or suspending the impugned order dated 23.11.2022 passed by the learned Additional Sessions Judge, Kamrup, Amingaon in connection with Criminal Appeal Case No.07/2022, whereby, upholding the order dated 05.04.2022 passed by the learned Judicial Magistrate First Class No.II, Kamrup, Amingaon [in short ‘learned JMFC ‘] in connection with D. V. Case No.07/2021, wherein, the petitioner was directed to pay an amount of Rs. 3,000/- per month to the respondent No.2.
3. The brief facts of the case is that,
3.1. The respondent No. 2 filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the "Act of 2005") before the Court of learned Chief Judicial Magistrate, Kamrup at Amingaon, seeking various reliefs under the said Act. The case was re
A domestic relationship under the Domestic Violence Act exists even if a divorce is claimed, provided domestic violence occurred while living together.
Section 23 of Domestic Violence Act provides for interim maintenance.
The Domestic Violence Act permits an aggrieved person to seek maintenance even after the dissolution of marriage, provided there is evidence of domestic violence, and the definitions of 'aggrieved pe....
The court upheld the broader definition of 'domestic relationship' in the Protection of Women from Domestic Violence Act, allowing maintenance claims from individuals in non-legally recognized marria....
The court affirmed that the DV Act provides protection based on the definition of 'domestic relationship,' even amid claims of prior marriages, and emphasized the need to utilize statutory appeal mec....
The main legal point established in the judgment is the entitlement to relief under the PWDV Act based on the finding of a domestic relationship, and the permissibility of adjustment of maintenance a....
Interim maintenance can be granted based on prima facie evidence, allowing for future rebuttal, as established under the Protection of Women from Domestic Violence Act.
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