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VINIT KUMAR MATHUR
Robarto Nieddu – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The present Criminal Misc. Petition has been preferred against the order dated 05.08.2021 passed by learned ADJ (Women Atrocities Cases), Jodhpur Metropolitan in Criminal Appeal No.11/2021 filed against the order dated 11.02.2021 passed by Civil Judge and Jodhpur Metro Magistrate No.6, Jodhpur.
2. The petitioner preferred an application for rejection of complaint undertaken by the respondent- complainant under section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'Act of 2005')- The application preferred by the petitioner on the ground of maintainability of the complaint as being non maintainable was dismissed by the learned trial court vide order dated 11.02.2021. The order dated 11.02.2021 was assailed by the petitioner by way of filing an appeal before the appellate court and the same was also rejected by the appellate court vide order dated 05.08.2021. Aggrieved against the orders dated 11.02.2021 and 05.08.2021, the present petition has been filed.
3. Learned counsel for the petitioner vehemently submits that the application preferred by the respondent No.2 i.e. complainant before the trial court under section 12 of the Ac
The Protection of Women from Domestic Violence Act applies to foreign citizens, affirming their right to seek protection under Indian law.
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 ....
The Family Court lacks jurisdiction to entertain applications under S.12 of the Protection of Women from Domestic Violence Act, 2005; such applications must be filed before a Magistrate.
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.
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