SINDHU SHARMA
Suraj Parkash Singh – Appellant
Versus
Arti Devi – Respondent
JUDGMENT :
SINDHU SHARMA, J.
1. The petitioners have assailed the order dated 19.01.2018 passed by the learned City Judge (JMIC), Jammu and the order dated 22.10.2018 passed in appeal by the learned Principal Sessions Judge, Jammu, whereby the order of the learned City Judge (JMIC), Jammu has been upheld. The petitioners in this petition also seek quashing of the complaint as well as proceedings initiated against them under the provisions of Jammu & Kashmir Protection of Women from Domestic Violence Act, 2010.
2. The facts as narrated in the petition are as under:
Inderjit Singh Grewal vs. State of Punjab and Another
Juveria Abdul Majid Patni vs. Atif Iqbal Mansoori and Another
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.
Maintainability of complaint – Domestic relationship has to be in present and not in the past.
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.
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....
The main legal point established in the judgment is that the dissolution of the marriage and the absence of a domestic relationship precluded the invocation of the provisions of the Domestic Violence....
Matrimonial Dispute - Domestic Violence - Proceedings quashed - There are no specific allegations as to how other relatives of Appellant have caused acts of domestic violence.
The status of divorce must be established in civil court; until then, obligations under the Domestic Violence Act remain enforceable.
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