Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MADAN PAL SINGH
Charanjeet Kaur @ Manpreet Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
MADAN PAL SINGH, J.
1. Heard Mr. Shyam Narayan Verma and Ms. Shobha Wati, learned counsel for the revisionist, Mr. Upendra Kumar Singh, learned counsel for opposite party no.2 and the learned A.G.A. for the State.
2. The present criminal revision has been preferred by the revisionist with the prayer to set aside the judgment and order passed by the Additional Sessions Judge, Court No.10, Bareilly dated 16th November, 2023 in Criminal Appeal No. 17 of 2022 (Surendra Singh Vs. State of U.P. & Another) under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short "D.V. Act"), Police Station-Baradari, District-Bareilly, whereby the appeal filed by opposite party no.2 against the judgment and order dated 8th September, 2022 passed by the Civil Judge (Junior Division), F.T.C., Court no.1, Bareilly in the case under Section 12 of the D.V. Act has been allowed and set aside the said order of the Civil Judge.
3. The crux of the allegation made by the revisionist is that the marriage of the revisionist was solemnized with Sardar Rao Virendra Singh on 27th May, 2005 in accordance with Sikhism Rites and Customs at Sitarganj, Uttarakhand. From the aforesaid wedl
The D.V. Act allows complaints in local jurisdictions where the domestic violence cause of action arose, embracing a broad definition of domestic relationships to ensure protection for women subjecte....
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....
The main legal point established in the judgment is that the aggrieved person has the right to seek relief under the Domestic Violence Act at any stage, even if living separately from the respondent.
Maintainability of complaint – Domestic relationship has to be in present and not in the past.
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....
(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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
