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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MITALI THAKURIA
Banashree Baishya – Appellant
Versus
Malati Baishya – Respondent
| Table of Content |
|---|
| 1. background of domestic violence complaint (Para 2 , 3 , 4 , 5 , 6) |
| 2. petitioner's claim of procedural error (Para 7 , 8 , 9) |
| 3. respondent's defense and request for dismissal (Para 10 , 11 , 12 , 13) |
| 4. analysis of conflicting narratives (Para 14 , 15) |
| 5. court's reasoning and refusal to quash (Para 16 , 17) |
| 6. final disposition of the case (Para 18) |
JUDGMENT :
MITALI THAKURIA, J.
1. Head Mr. J. Kalita, the learned counsel for the petitioners. Also heard Mr. P. Das, the learned counsel appearing for the respondent no. 1 and Mr. B. Sharma, the learned counsel appearing for the State respondent no. 2.
2. This is an appeal under Sec. 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India for setting aside and C quashing the impugned proceeding of Complaint Case No. 1931 /2021 arising out of a petition filed u/s 31(1) read with Section 32 of the Protection of Women from Domestic Violence Act, 2005 or D.V. Act pending before the learned Judicial Magistrate First Class-5, Kamrup (M).
3. In brief the case of the petitioners is that the respondent no. 1 who is the mother of the petitioner no. 1 and mother-in-law of the petitioner no. 2 had
Failure to provide natural justice in the issuance of summons limits the fairness of legal proceedings under the Protection of Women from Domestic Violence Act.
The court established that proceedings under the Domestic Violence Act cannot be quashed unless it is clear that no prima facie case exists and the allegations are malicious.
Limitations under Section 468 of the CrPC do not apply until there is a breach of an order issued under Section 12 of the Protection of Women from Domestic Violence Act.
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.
Point of law : Under the D.V.Act, the Magistrate has the powers to adjudicate upon the application filed by the aggrieved person for the relief's under Sections 17 to 23 of the Act. The mere pendency....
The court established that reliefs under the DV Act are civil, and appeals against such orders cannot be treated as criminal proceedings.
The court emphasized the need for a cautious approach in cases of misuse of the Protection of Women against Domestic Violence Act, 2005, and highlighted the requirement for the allegations to constit....
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