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Neeru Tandon – Appellant
Versus
Anamika Parmar – Respondent
JUDGMENT :
1. The petitioners have filed this petition for quashing the proceedings arising out of application bearing No. 37/criminal, titled, Anamika Parmar and Anr. vs. Rohit Tandon and others filed under sections 12, 17, 18, 19, 20 and 22 of Protection of Women from Domestic Violence Act, 2010 (for short the Act) filed by the respondents against the petitioners and order dated 13.10.2018 passed in application under sections 12, 17, 18, 19, 20 and 22 of the aforesaid Act along with order dated 13.10.2010 passed in the application for interim relief by the learned Sub Judge (Special Mobile Magistrate) Poonch.
2. It is stated in the petition that respondent Nos. 1 and 2 has filed the false and frivolous application under the Act. The respondent No. 2 is the minor daughter of petitioner No. 3 and respondent No. 1. It is also stated that the respondents have filed the application under the Act against the petitioners which is pending before the learned Sub Judge (Special Mobile Magistrate), Poonch, wherein the court vide order dated 13.10.2018 has issued the process against the petitioners. The petitioners have challenged the proceedings arising out of said application and order dated
Matrimonial Dispute - Domestic Violence - Proceedings quashed - There are no specific allegations as to how other relatives of Appellant have caused acts of domestic violence.
A divorced woman is entitled to file a petition under the Domestic Violence Act, and the trial court must adjudicate the petition finally to test the authenticity of the allegations.
Specific allegations of domestic violence are required against each individual for proceedings under the Domestic Violence Act to be valid; vague or general claims are insufficient to sustain such ac....
Absence of domestic relationship warrants quashing of proceedings under the Protection of Women from Domestic Violence Act.
The Domestic Violence Act provides protection against domestic abuse, allowing claims to be made even after leaving the shared household, and the inherent powers under Sec. 482 of the Cr.P.C. cannot ....
Proceedings under the Protection of Women from Domestic Violence Act are quasi-criminal, thus maintainable; quashing petitions at this stage is inappropriate when prima-facie allegations exist.
The court established that proceedings under the Domestic Violence Act cannot be quashed unless it is clear that no prima facie case exists and the allegations are malicious.
Distant relatives residing in a separate district may not be necessary parties in a domestic violence proceeding under the PWDV Act, and their presence may not be required for adjudication.
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