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HARPREET KAUR JEEWAN
Pooja Saini – Appellant
Versus
Varun Saini – Respondent
JUDGMENT :
Harpreet Kaur Jeewan J.
The present Criminal Appeal has been filed for quashing/setting aside the judgment dated 27.10.2023, passed by learned Additional Sessions Judge, Sonipat, whereby the appeal against the order dated 07.06.2023 passed by Judicial Magistrate Ist Class, Sonipat, has been modified.
2. The appellant-wife has filed a petition under Section 12 of the Protection of Women From Domestic Violence Act, 2005 (for short ‘the DV Act’). The Judicial Magistrate granted the interim relief of maintenance to the appellant-wife to the tune of Rs.4,000/- per month while declining the alternate relief of accommodation and shared house-hold. The said order was challenged by both the parties in an appeal filed under Section 29 of the DV Act. The said order was modified and a sum of Rs.5,000/- per month was awarded towards rent for alternate accommodation to the appellant-wife from the date of the application. However, the appeal filed by respondent No. 1– Varun (husband) was dismissed. The said order passed by the learned Additional Sessions Judge in an appeal under Section 21 of the DV Act, has been challenged by way of filing the present criminal appeal.
2.1 A perusal of the
The court established that reliefs under the DV Act are civil, and appeals against such orders cannot be treated as criminal proceedings.
The High Court affirmed that applications under Section 482 Cr.P.C. are maintainable against proceedings under the Domestic Violence Act, 2005 to prevent abuse of process, invalidating the prior judg....
The main legal point established in the judgment is the maintainability of a petition under Section 482 of Cr.P.C. to challenge the proceedings filed under Chapter IV of the D.V.Act, and the availabi....
The main legal point established in the judgment is that the proceeding under Section 482 of Cr.P.C. for quashing the proceeding under Section 12 of the D.V. Act is not maintainable.
(1) Relief sought for under Chapter IV of D.V. Act is not in nature of a formal accusation like in a criminal case and person against whom such a relief is sought for, is not an accused before Magist....
A petition under Section 482 of the Cr.P.C would not lie to quash an application under Section 12 of the D.V Act.
A petition under Section 482 of the Cr.P.C would not lie to quash an application under Section 12 of the D.V. Act.
(1) Relief sought for under Chapter IV of D.V. Act is not in nature of a formal accusation like in a criminal case and person against whom such a relief is sought for, is not an accused before Magist....
Proceedings under DV Act being governed by procedure under Cr.P.C, logical conclusion would be that an application under Section 482 is maintainable qua order passed under Sections 12, 18, 19, 20, 21....
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