Back
HIGH COURT OF JAMMU AND KASHMIR
ABDUL REHMAN BHAT – Appellant
Versus
HANEEFA BANOO AND ORS – Respondent
ORDER :
1. The petitioner has challenged the proceedings initiated by the respondents against him under Section 12 of the Protection of Women from Domestic Violence Act (hereafter for short “the D.V.Ac”) as also order dated 31.12.2020 passed by learned Judicial Magistrate 1st Class Anantnag in the said proceedings, alongwith order dated 10.05.2023 passed by learned Sessions Judge, Anantnag whereby order dated 31.12.2020 passed by learned trial Magistrate has been upheld.
2. Heard learned counsel for the petitioner and perused the record.
3. It appears that the respondents herein have filed a petition under Section 12 of the D.V.Act against the petitioner, before the Court of Judicial Magistrate 1st Class Anantnag. In the said petition respondent No.1 has claimed that he is legally wedded wife of the petitioner and out of the said wedlock respondent Nos.2 to 5 were born. In the petition filed by the respondents before the trial Magistrate it has been alleged by them that the petitioner has assaulted respondent No.1 on numerous occasions and has mercilessly beaten her up, as a result of which she was compelled to leave her matrimonial home alongwith her children.
4. It seems that the pet
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.
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.
A domestic relationship under the D.V. Act exists even if the parties are not currently living together, provided they have cohabited in the past.
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....
A Magistrate can grant interim residence orders under the DV Act based on prima facie evidence of domestic violence, without concluding the trial.
The main legal point established in the judgment is that maintenance under the DV Act can only be awarded to aggrieved persons and children, and not to unmarried daughters who have attained majority.....
A Magistrate can grant interim residence orders under Section 23 of the DV Act without concluding a trial, ensuring immediate relief for aggrieved persons.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
