Laduram vs Dewli - 2022 Supreme(Raj) 2789

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2022 Supreme(Raj) 2789

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

Important Points

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.

Subject

Criminal Law - Domestic Violence

Act Referred

CONSTITUTION OF INDIA : Art.14
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT : S.2(q), S.23, S.29

Headnote

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.

Advocates Appeared:
Harish Purohit, Advocate., for the Appellant; Salim Khan Mehar, P.P. and Parvej, Advocates., for the Respondents

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.