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PUSHPENDRA SINGH BHATI
Saroj – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - These criminal revision petitions under Sections 397 & 401 Cr.P.C. have been preferred claiming the following reliefs:
Revision Petition No. 1457/2019:
vr% fuxjkuh ;kfpdk izLrqr dj fouez fuosnu gS fd izkFkhZuh dh fuxjkuh ;kfpdk Lohdkj QjekbZ tkdj vihyh; U;k;ky; }kjk ikfjr vkns'k fnukad 24-09-2019 ,oa fo}ku eftLVsV }kjk ikfjr vkns'k fnukad 26-09-2017 dks fujLr Qjek;k tkos rFkk izkFkhZuh }kjk pkgs x;s vuqrks"kksa dks Lohdkj Qjek;k tkosA vU; dksbZ mfpr vkns'k tks izkFkhZuh ds i{k esa gks ikfjr fd;k tkosA
Revision Petition No. 79/2019
vr% fuxjkuh ;kfpdk izLrqr dj fouez fuosnu gS fd izkFkhZuh dh fuxjkuh ;kfpdk Lohdkj QjekbZ tkdj vihyh; U;k;ky; }kjk ikfjr vkns'k fnukad 01-11-2018 ,oa fo}ku eftLVsV }kjk ikfjr vkns'k fnukad 17-09-2016 dks fujLr Qjek;k tkos rFkk izkFkhZuh }kjk pkgs x;s vuqrks"kksa dks Lohdkj Qjek;k tkosA vU; dksbZ mfpr vkns'k tks izkFkhZuh ds i{k esa gks ikfjr fd;k tkosA
2. The cause of dispute between the parties, as revealed from the record, including the impugned orders passed by the learned courts below, is a residential house (House No. 22, Pawan Vihar Scheme, Jodhpur).
3. Revision Petition No. 1457/2019 has been preferred by the petition
The need for specific evidence and details in domestic violence cases, and the requirement for adjudication of property rights by the civil court.
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 main legal point established in the judgment is the requirement to establish a domestic relationship and a shared household as defined in the Protection of Women from Domestic Violence Act, 2005 ....
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 court emphasizes the necessity for prima facie evidence in petitions under the Protection of Women from Domestic Violence Act.
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.
The main legal point established in the judgment is the interpretation and application of the definitions of 'domestic relationship', 'shared household', and 'domestic violence' under the Protection ....
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