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DINESH MEHTA
Raj Kumar – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Dinesh Mehta, J. - By way of present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the petitioner has challenged the order dated 30.06.2022, passed by the learned Judicial Magistrate, District Jodhpur (hereinafter referred to as 'the trial Court'), by which the application filed by the respondent No. 2 under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act of 2005') has been allowed.
2. The order aforesaid has been challenged on the following grounds:-
(i) That the respondent No. 2 has contracted marriage with the petitioner without taking divorce from her earlier husband, viz., Vijay Khokhar and thus, she cannot be treated to be legally wedded wife of the petitioner so as to invoke the provisions of the Act of 2005;
(ii) that the order passed by the trial Court is contrary to judgment of this Court dated 02.01.2018, rendered in the case of Vinod Kumar Nathwani v. State of Rajasthan & Anr. (S.B. Criminal Misc. Petition No. 2275/2014); and
(iii) that the respondent No. 2 has not filed affidavit of her income, as has been mandated by Hon'ble the Supreme Court i
The main legal point established in the judgment is that the Protection of Women from Domestic Violence Act, 2005 is intended to protect any woman in a domestic relationship as an 'aggrieved person',....
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....
The court underscored that claims under the Protection of Women from Domestic Violence Act, 2005 should be judiciously considered without dismissing them based on collateral issues related to the agg....
The burden of proving the cessation of the relationship lies with the petitioner, and without evidence, it cannot be stated that the relationship has ceased to exist.
Divorced wives can invoke provisions of the Protection of Women from Domestic Violence Act, 2005 for claims regarding previous marriage responsibilities.
The court holds that a relationship in the nature of marriage qualifies as a domestic relationship under the Protection of Women from Domestic Violence Act, allowing the petitioner's complaint to pro....
Maintenance under the Domestic Violence Act can only be granted if the victim proves domestic violence as defined under the Act.
Maintainability of complaint – Domestic relationship has to be in present and not in the past.
The judgment established the importance of meeting the statutory requirements for maintaining an application under the Protection of Women from Domestic Violence Act, 2005 and emphasized the court's ....
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