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FARJAND ALI
Nidhi Bansal W/o Punit Bansal – Appellant
Versus
Punit Bansal S/o Gangadhar Bansal – Respondent
ORDER :
1. By way of filing of the instant Criminal Revision Petition under Section 397 r.w. Section 401 of the Cr.P.C. challenge has been made to the judgment dated 22.11.2022 passed by the learned Additional Sessions Judge, Sujangarh, District Churu in Criminal Appeal No.11/2022 by which the learned Judge has partly allowed the appeal filed by the respondents against the order dated 25.04.2022 passed by the learned Judicial Magistrate, Sujangarh, District Churu in Criminal Misc. Case No.218/2021 whereby the application under Section 21 of the Protection of Women From Domestic Violence Act, 2005 filed by petitioner was allowed.
2. Brief facts of the case as narrated by the petitioner are that she filed an application under Sections 12, 18, 19, 20 21 & 22 of the Protection of Women from Domestic Violence Act, 2005 (herein after referred to as ‘the Act of 2005’) and on 16.11.2021 she filed another application under Section 21 of the Act of 2005 before the Court of learned Judicial Magistrate, Sujangarh (hereinafter referred to as ‘the learned trial Court’) averring therein that from the very beginning of the marriage, she was physically and mentally harassed and humiliated by the resp
Point Of Law : In the matters pertaining to custody of minor; welfare and interest of child to be given a paramount importance.
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 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 paramount consideration in custody disputes is the welfare of the child, favoring maternal custody for girls over seven, barring harmful circumstances.
The main legal point established in the judgment is that a widowed daughter-in-law is entitled to maintenance and other relief from her father-in-law according to the provisions of the PWDV Act.
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 courts upheld the protective provisions of the Domestic Violence Act, emphasizing the aggrieved person's rights to custody and financial relief.
The main legal point established in the judgment is the court's interpretation and application of the provisions of the Protection of Women from Domestic Violence Act, 2005, to address domestic viole....
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