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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Pushpendra Singh Bhati, J.
Laduram & Ors. – Appellant
Versus
Dewli & Ors. – Respondent
S.B. Criminal Revision Petition No. 20/2018
Decided On : 17-11-2022
Domestic Violence Act - Protection of Women - The court considered the appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 and affirmed the order allowing the application under Section 23 of the Act, while dismissing the appeal.
Fact of the Case:
The appeal challenges the dismissal of the appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 and the affirmation of the order allowing the application under Section 23 of the Act.
Finding of the Court:
The court affirmed the order allowing the application under Section 23 of the Act and dismissed the appeal under Section 29 of the Act.
Issues: The issues involved the dismissal of the appeal and the affirmation of the order allowing the application under the Act.
Ratio Decidendi: The court analyzed the provisions of Section 29 and Section 23 of the Protection of Women from Domestic Violence Act, 2005 and concluded that the application under Section 23 was rightly allowed.
Final Decision: The court upheld the order allowing the application under Section 23 of the Act and dismissed the appeal under Section 29.
JUDGMENT
Pushpendra Singh Bhati, J. - This Criminal Revision Petition assails the order dated 11.01.2016, passed by the learned Additional District & Sessions Judge (Appellate Rent Tribunal), Jodhpur Metropolitan in Criminal Appeal No. 124/2014 whereby the appeal preferred by the present appellants under Section 29 of the Protection of Women from Domestic Violence Act, 2005 was dismissed, while affirming the order dated 03.12.2011 passed by the learned Chief Metropolitan Magistrate, Jodhpur Metropolitan in Criminal Case No. 321/2011 whereby the application under Section 23 of the Act of 2005 preferred by the respondent No. 1 herein, was allowed. Thus, both the aforementioned orders are under challenge in the present petition.
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 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 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 entitlement of reliefs under the Protection of Women from Domestic Violence Act, 2005, is based on the occurrence of domestic violence and the suffering of the aggrieved person, as established by....
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 is the appealability of orders under Sections 12 and 23 of the Protection of Women from Domestic Violence Act, 2005, and the limited scope for interference by the app....
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