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PUSHPENDRA SINGH BHATI
Ganpat Ram – Appellant
Versus
Laxmi Choudhary – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - This Revision Petition under Section 397/401 Cr.P.C. has been preferred claiming the following reliefs:-
"It is therefore most humbly and respectfully prayed that the revision petition may kindly be allowed and the order dated 12.10.2022 passed by the Learned Additional Session Judge (Woman Atrocities Cess), Jodhpur, (Raj.) in Criminal Appeal No. 80/2022 and order passed by the Judicial Magistrate, Jodhpur City on dated 28.06.2022 in Criminal Misc. Application No. 33/2020 N.C.V. No. 15/2020 may kindly be set aside and the name of the petitioners may deleted from the proceeding u/S. 12 & 23 Domestic Violence Act and in alternatively any other appropriate relief which this Hon'ble Court thinks just and proper looking to the circumstances of the case may be passed in favour of the petitioners."
2. Brief facts of the case as placed before this Court by learned counsel for the petitioners are that an application under Section 12 and 23 of the Protection of Women from Domestic Violence Act, 2005 was preferred by the respondent no. 1 before the Judicial Magistrate, Jodhpur Metropolitan City, Jodhpur, and that the notices of the said application was issue
The definition of shared household under the Protection of Women from Domestic Violence Act, 2005 includes close family members, and unsubstantiated contentions of non-residency were rejected.
The central legal point established is the interpretation and application of Section 29 and Section 23 of the Protection of Women from Domestic Violence Act, 2005.
The need for specific evidence and details in domestic violence cases, and the requirement for adjudication of property rights by the civil court.
(1) Ratio of decision is apposite to the facts and circumstances.(2) Cannot be said that no protection relief has been sought for against the present petitioner.
The importance of a full-fledged trial in determining allegations of domestic violence and the need to consider only those persons whose presence is necessary for granting reliefs under the Domestic ....
The main legal point established in the judgment is that for Section 31(1) of the Protection of Women from Domestic Violence Act, 2005 to be attracted, there must be a breach of a specific protection....
The need for specific and substantial allegations of domestic violence to support proceedings under the Protection of Women from Domestic Violence Act, 2005.
A divorced individual lacks the status of an aggrieved person under the Domestic Violence Act, and thus is not entitled to claim residence rights post-divorce.
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