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HIGH COURT OF JAMMU AND KASHMIR
KAMRAN KHAN AND ORS. – Appellant
Versus
BILKEES KHANAM – Respondent
ORDER :
1. The petitioners have challenged the petition filed by the respondent against them under Section 12 of the Protection of Women from Domestic Violence Act (hereinafter referred to as “the DV Act”) as also the order whereby process has been issued by learned Judicial Magistrate 1st Class, Baramulla, against the petitioner.
2. As per case of the petitioners, petitioner No.1 was married to respondent in the year 2021 and out of the said wedlock no child was born.
It is alleged that the respondent has filed a false and frivolous FIR against the petitioner which came to be stayed by this Court in terms of order dated 01.07.2024 passed in CRM(M) No.367/2024. It has been further submitted that the respondent has filed the impugned petition under Section 12 of the DV Act against the petitioners on the basis of false and frivolous allegations and the learned trial court without applying its mind has issued the summons to the petitioners and has even gone on to issue warrants of arrest against them, even though the proceedings under the DV Act are not criminal in nature. It has been further contended that the matrimonial discord between petitioner No.1 and the respondent was caused due
Proceedings under the Protection of Women from Domestic Violence Act are civil in nature, and warrants of arrest are inappropriate in such cases.
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 Domestic Violence Act proceedings are civil in nature, and the proper procedure involves issuing notices rather than summons, emphasizing the distinction from criminal jurisdiction.
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....
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....
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 DV Act are civil in nature, and the Cr.P.C. does not apply, making petitions under it not maintainable.
Proceedings under the DV Act are civil, and notices issued under Section 13 require judicial discretion, particularly concerning distant relatives.
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