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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Harbans Kaur – Appellant
Versus
Joginder Pal – Respondent
JUDGMENT :
Manisha Batra, J.
The instant revision petition has been filed against the order dated 30.08.2014 passed by learned Additional Sessions Judge, Karnal in HMA case No.33 of 2014 titled as Harbans Kaur v. Joginder Pal thereby affirming the order dated 26.02.2014 passed by the Judicial Magistrate, 1st Class, Karnal dismissing the Criminal Petition No.24 of 2012 of the same title filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (For short "DV Act") by the petitioner.
2. Brief facts of the case relevant for the present petition are that the petitioner filed the aforementioned petition on the averments that she was married with the respondent No.1 on 13.12.1992 according to Hindu rites and ceremonies. Four children were born out of the wedlock. Her parents had given sufficient dowry at the time of marriage but the respondent No.1 and his family members were not satisfied with the same and they started subjecting the petitioner to mental as well as physical cruelty on account of the same. Previously, a divorce petition had also been filed by respondent No.1 but a settlement had been effected. She alleged that on 02.11.2010, the respondent No.1 alon
The court affirmed that domestic violence encompasses various forms of abuse, and maintenance should be awarded from the date of the application under the DV Act, not the date of the order.
The provisions of the Domestic Violence Act apply only to individuals in a domestic relationship, which was not established in this case.
The entitlement of reliefs under the Protection of Women from Domestic Violence Act, 2005, is based on the occurrence of domestic violence and the suffering of the aggrieved person, as established by....
The definition of shared household under the Protection of Women from Domestic Violence Act, 2005 includes close family members, and unsubstantiated contentions of non-residency were rejected.
The main legal point established in the judgment is that for Section 31(1) of the Protection of Women from Domestic Violence Act, 2005 to be attracted, there must be a breach of a specific protection....
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