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SANJAY DHAR
Altaf Ahmad Zargar – Appellant
Versus
Sana – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. The petitioners have challenged the application filed by the respondents against them under section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the DV Act), which is stated to be pending before the Court of learned Judicial Magistrate, 1st Class (1st Additional Munsiff), Srinagar.
2. As per the case of the petitioners, petitioner No. 1 had entered into wedlock with respondent No. 1 in the year 2016 and out of this wedlock, one child i.e. respondent No. 2 herein, was born. It is alleged that from the very inception of the marriage, the attitude of respondent No. 1 was not good towards the petitioners and she always wanted petitioner No. 1 to live separately from his ailing mother, petitioner No. 2 herein. It is submitted that efforts were made by the petitioners to settle the differences between them and respondent No. 1 and to resume the matrimonial relationship but all these efforts failed compelling petitioner No. 1 to divorce respondent No. 1 in terms of deed of divorce dated 23.08.2021.
3. It is submitted that as a reaction to the aforesaid act of petitioner No. 1, respondent No. 1 an application under DV
Abuse of process of law in filing multiple petitions under section 12 of the DV Act on the same cause of action and the jurisdiction of the Magistrate to revoke orders and drop proceedings.
The court emphasized that the proceedings under Section 12 of the DV Act are not strictly criminal in nature, allowing the Magistrate to vary or annul the order and drop the proceedings if the petiti....
The Magistrate has the power to revoke the proceedings initiated under Section 12 of the D.V. Act if there is no ground to proceed against the accused.
Proceedings under the Protection of Women from Domestic Violence Act are civil in nature, and warrants of arrest are inappropriate in such cases.
The jurisdiction of the Magistrate under the D.V. Act is determined by the residence of the aggrieved person, which must be established at trial, and proceedings are not strictly criminal, allowing f....
Proceedings under the DV Act are civil, and notices issued under Section 13 require judicial discretion, particularly concerning distant relatives.
Proceedings initiated under Section 12 seeking reliefs under Sections 18 to 23 are civil in nature – Proceedings under Section 200 of Cr.P.C. and other relevant provisions of Cr.P.C. are not to be fo....
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