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SASHIKANTA MISHRA
Girish Prasad Mishra – Appellant
Versus
Lopamudra Kar – Respondent
JUDGMENT
Sashikanta Mishra, J. - The petitioners have challenged the order dated 24.12.2019 passed by learned Sessions Judge, Ganjam, Berhampur in Criminal Appeal No.39 of 2017 whereby the said appeal, preferred by them was dismissed and the order dated 18.08.2017 passed by learned S.D.J.M, Berhampur in M.C. No.75 of 2017 was confirmed.
2. Petitioner Nos.1 and 2 are the father-in-law and mother-in-law respectively of the opposite party, who married their son on 13.12.2015. It is alleged that she was subjected to domestic violence by her husband in-laws on different grounds and also in connection with demand for more dowry. The opposite party therefore, filed a complaint under Section 12 of the PWDV Act being Misc. Case No.75 of 2017 in the court of learned S.D.J.M., Berhampur. In the said complaint she prayed for passing of orders under Sections 18, 20, 22 and 23 of the Act besides direction to respondents to re-deposit Rs.5,80,004/- in her name and to pay monthly maintenance and compensation etc. After receipt of notice the present petitioners appeared and filed an application on 18.08.2017 to drop the proceeding against them as there was no material to proceed against them. It was
Prima facie allegations of domestic violence under the PWDV Act do not require detailed particulars of every single act of cruelty, and the veracity of the allegations would depend upon the evidence ....
For domestic violence proceedings, courts must find specific allegations against individuals; general claims are insufficient to hold parties accountable.
Distant relatives residing in a separate district may not be necessary parties in a domestic violence proceeding under the PWDV Act, and their presence may not be required for adjudication.
A person cannot be made a respondent in domestic violence proceedings unless there is a domestic relationship as defined by the PWDV Act.
Maintainability of complaint – Domestic relationship has to be in present and not in the past.
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....
(1) Ratio of decision is apposite to the facts and circumstances.(2) Cannot be said that no protection relief has been sought for against the present petitioner.
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