Back
S.K.MISHRA
Sunil Kumar – Appellant
Versus
Sumitra Panda – Respondent
S.K. Mishra, J.— The following questions arise for determination in this case:
(i) Whether a divorced wife can maintain an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, hereinafter referred as the “Act” for brevity, and seek relief under the Act ?
(ii) Whether a divorced wife, who has sought some relief before this Court in a pending proceeding in view of Section 26 of the Act, can pray for identical relief before a Magistrate under Section 27 of the Act?
2. The opposite party is the divorced wife of the petitioner. Their marriage was solemnized on 16.3.1998 and out of the wedlock twin sons were born on 3.3.2000. The petitioner and the opposite party were serving in the Indian Railways and they are living separately since September, 2010. The opposite party-wife filed Civil Proceeding No.989 of 2010 before the Judge, Family Court, Cuttack for a decree of divorce and judicial separation. She has also filed another petition bearing Civil Proceeding No.990 of 2010 before the Judge, Family Court, Cuttack for custody of minor twin sons.
3. The learned Judge, Family Court, Cuttack allowed the divorce petition i.e. Civil Proceeding
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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
