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SANJAY DHAR
Mohd. Hussain – Appellant
Versus
Shabnam Ara – Respondent
JUDGMENT
Sanjay Dhar, J. - The petitioner has challenged the application filed by the respondent against him under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the D.V. Act"), which is stated to be pending before the Court of Chief Judicial Magistrate, Rajouri (hereinafter referred to as "the Magistrate").
2. As per the case of the petitioner, he entered into contract of marriage with the respondent and after a few months, she left her matrimonial house along with household articles with the help of other family members and did not return to her matrimonial house. It is submitted that the petitioner has filed a complaint against the respondent, her father and brother and in this regard an FIR stands registered in Police Station, Darhal. According to the petitioner, in order to counter the said FIR, the respondent in connivance with her family members has filed the impugned application under Section 12 of the D.V. Act. An interim order under Section 23 of the D.V. Act came to be passed by the learned Magistrate, whereby the petitioner was directed to pay interim maintenance of Rs. 8000/- per month to the respondent. It has been su
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.
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 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 Protection of Women from Domestic Violence Act are civil in nature, and warrants of arrest are inappropriate in such cases.
A Magistrate can grant interim residence orders under the DV Act based on prima facie evidence of domestic violence, without concluding the trial.
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