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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Tribhuvan Dahiya, J.
Sitara Devi – Appellant
Versus
State of Punjab & Anr. – Respondents
CRM-M No. 28179 of 2023
Decided On : 13-05-2023
Judgment
Mr. Justice Tribhuvan Dahiya, J.
Learned counsel for the petitioner contends that the petitioner is not in domestic relationship with the complainant/respondent No.2, who has filed a complaint under Sections 12 , 17, 18, 19, 20 and 21 of the Protection of Women from Domestic Violence Act, 2005 against her husband and in- laws. The petitioner has been impleaded as respondent No.6 to the complaint on the allegations that she is a practising advocate with the husband of respondent No.2, and is openly helping him apart from interfering in their peaceful married life. It is submitted that the allegations, even if presumed to be true, do not make out any case against the petitioner under the Act of 2005. She has been summoned by the Magistrate in a mechanical manner without application of mind to the facts of the case.
2. Notice of motion for 16.11.2023.
3. Meanwhile, further proceedings before the trial Court qua the petitioner shall remain stayed.
The main legal point established in the judgment is that the Protection of Women from Domestic Violence Act, 2005 is intended to protect any woman in a domestic relationship as an 'aggrieved person',....
The main legal point established is that for a proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 to be maintainable, the respondent must be in a domestic relatio....
A friend of the husband of the aggrieved person is not a "respondent" within the meaning of the D.V. Act and is not subject to the provisions of the Act.
The existence of a familial relationship is sufficient to sustain domestic violence proceedings under the Act, regardless of the respondent's residence status.
The judgment established the importance of meeting the statutory requirements for maintaining an application under the Protection of Women from Domestic Violence Act, 2005 and emphasized the court's ....
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 main legal point established in the judgment is that for a complaint under the DV Act to proceed against the respondents, they must have a domestic relationship with the aggrieved person and live....
The court holds that a relationship in the nature of marriage qualifies as a domestic relationship under the Protection of Women from Domestic Violence Act, allowing the petitioner's complaint to pro....
No domestic relationship renders proceedings under the Domestic Violence Act non-maintainable.
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