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SANJAY DHAR
Raman Kumar S/o Shri Krishan Kumar – Appellant
Versus
Neelam Kumari W/o Shri Raman Kumar – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. The petitioners have challenged the application filed by respondent against them under Section 12 of the J&K, Protection of Women from Domestic Violence Act, 2010 (hereinafter to be referred as “the DV Act”) which is stated to be pending before the Court of learned Judicial Magistrate 1st Class (Addl. Munsiff, Samba). Challenge has also been thrown to order dated 09.09.2022, whereby the learned Magistrate has issued notice to the petitioners and petitioner No. 1 has been directed to pay interim monetary compensation of Rs. 8,000/- per month to the respondent/complainant.
2. As per case of the petitioners, marriage between petitioner No. 1 and respondent was solemnized on 20.10.2021 and within a short period of time, the respondent acted with cruelty against her husband and his family members, i.e. the petitioners herein. It has been alleged that the behavior of the respondent against the petitioners remained rude, impolite and coercive. It has been further contended that the respondent started making false allegations against the petitioners and misbehaved with them. It has been also averred that the respondent left the company of petitioner No. 1 and her
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 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.
Interim monetary compensation under the Protection of Women from Domestic Violence Act is essential for the sustenance of a spouse residing separately, pending trial of allegations.
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.
The status of divorce must be established in civil court; until then, obligations under the Domestic Violence Act remain enforceable.
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