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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Prasanna Badini – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. factual procedural history of delayed dv claim post-separation (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. no subsisting domestic relationship after separation, death (Para 7 , 8 , 9 , 10) |
| 3. past shared household suffices; delay not fatal (Para 11 , 12 , 13) |
| 4. revisional intervention if no relationship or abuse evident (Para 15 , 16) |
| 5. vague claims, property misuse, lack proofs warrant scrutiny (Para 17 , 18 , 19 , 20) |
| 6. proceedings quashed as process abuse against seniors (Para 21 , 22) |
JUDGMENT :
Ashish Naithani, J.
This criminal revision has been preferred by the Revisionists under Sections 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, assailing the judgment and order dated 04.07.2025 passed by the learned First Additional Sessions Judge, Kashipur, District UdhamSingh Nagar in Criminal Appeal No. 128 of 2024, whereby the appeal filed by the present Revisionists against the summoning order dated 05.06.2024 passed by the learned Judicial Magistrate, Kashipur, in Miscellaneous Criminal Case No. 260 of 2024 under Section 12 of the Protection of Women from Domestic Violence Act, 2005, came to be dismissed. By the impugned orders, the learned courts below have upheld th
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 the aggrieved person has the right to seek relief under the Domestic Violence Act at any stage, even if living separately from the respondent.
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 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.
Maintainability of complaint – Domestic relationship has to be in present and not in the past.
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