Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Jatinpreet Singh – Appellant
Versus
Pooja Devi – Respondent
| Table of Content |
|---|
| 1. factual background of dv complaint and lower court orders (Para 1 , 2 , 3 , 4) |
| 2. arguments on prior marriage barring maintenance liability (Para 5 , 6) |
| 3. admitted marriage and proved domestic violence entitling maintenance (Para 7 , 8 , 9) |
| 4. marriage presumed valid until annulled by court (Para 10) |
| 5. impugned maintenance and rent orders upheld (Para 11 , 12 , 13) |
JUDGMENT :
Sandeep Sharma, J.
Instant petition filed under Article 227 of Constitution of India, lays challenge to judgment dated 1.8.2024, passed by the learned Sessions Judge, Una, District Una, Himachal Pradesh, in CIS Registration No. 67/2023, titled Pooja Devi v. Jatinpreet Singh and Ors., whereby appeal having been filed by respondent No.1 under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (in short the “Act”), laying therein challenge to order dated 21.3.2023 passed by the learned Judicial Magistrate First Class-2, Una District Una, Himachal Pradesh in CrMA No. 2315 of 2023 (Pooja Devi v. Jatinpreet Singh and Ors), came to be allowed.
2. Precisely, the facts of the case, as emerge from the pleadings as well as other material adduced on record by the respective parties are tha
Wife entitled to maintenance under DV Act where marriage admitted, despite unproven prior marriage claims, until annulled by competent court; domestic violence proved warrants monetary and residence ....
Maintenance under the Domestic Violence Act can only be granted if the victim proves domestic violence as defined under the Act.
The court affirmed the appellate court's maintenance order, emphasizing the necessity of evidence in domestic violence cases and the reasonableness of the awarded amounts.
The Domestic Violence Act permits an aggrieved person to seek maintenance even after the dissolution of marriage, provided there is evidence of domestic violence, and the definitions of 'aggrieved pe....
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....
Second marriage - Maintenance - Liability of - If wife makes a plea that she was not informed about previous marriage of her husband, that shall be of no avail - Purpose of claiming maintenance under....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
