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SANJAY DHAR
Zahoor Ahmad Mir – Appellant
Versus
Nusrat Ibrahim – Respondent
JUDGMENT :
1. The petitioner has called in question order dated 14.09.2018, passed by District Mobile Magistrate, Anantnag (hereinafter referred to as the learned trial Magistrate) whereby in a proceeding under section 12 of the J&K Protection of Women from Domestic Violence Act, 2010, the petitioner has been directed to pay a monthly monetary benefit of Rs.5000/- to the respondent from the date of the application. The aforesaid order has been upheld in an appeal filed against the aforesaid order of the trial Magistrate by the Court of learned Principal Sessions Judge, Anantnag (hereinafter referred to as the Appellate Court) in terms of its order dated 30.12.2019. The said order has also been challenged by the petitioner by way of instant petition.
2. It appears from the record that the respondent had filed a petition under section 12 of the J&K Protection of Women from Domestic Violence Act, 2010 (hereinafter referred to as the Act of 2010) against her husband i.e., the petitioner herein before the learned trial Magistrate. In the said application, the respondent had claimed that her husband i.e., petitioner herein, has inflicted acts of domestic violence upon her by maltreating he
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.
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.
Divorced wives can invoke provisions of the Protection of Women from Domestic Violence Act, 2005 for claims regarding previous marriage responsibilities.
The status of divorce must be established in civil court; until then, obligations under the Domestic Violence Act remain enforceable.
The main legal point established in the judgment is that the Protection of Women from Domestic Violence Act, 2005 is intended to protect any woman in a domestic relationship as an 'aggrieved person',....
Maintainability of complaint – Domestic relationship has to be in present and not in the past.
The main legal point established in the judgment is that a complaint under the PWDV Act may not be maintainable after a prolonged period of living separately and after the decree of divorce, as it co....
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