NARENDRA KUMAR VYAS
Rajendra Kumar – Appellant
Versus
Kusumkali Mythical – Respondent
ORDER (CAV)
Narendra Kumar Vyas, J.—Heard on the point of admission.
2. This revision under 438 read with Section 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant against the judgment dated 02.08.2024, passed by Second Additional Sessions Judge, Manendragarh District Korea in Criminal Appeal No. 25/2023 by which the learned Second Sessions Judge dismissed the criminal appeal filed by the applicant under Section 29 of the Protection of Women from Domestic Violence Act, 2005, arising out of order dated 27.02.2023 passed by Judicial Magistrate First Class, Janakpur District Korea in Misc. Criminal Case No. 14 of 2021, allowing the application filed by the respondent, directed the applicant to pay Rs. 4000/- per month to the respondent No.1 and Rs. 2000/- per month to his respondent No.2 towards maintenance and also compensation of Rs. 50,000/- in five installments.
3. Facts of the case are that the marriage between applicant and respondent No.1 was solemnized in the year 2016 and from their wedlock respondent No.2 was born. The respondent No.1 filed an application under 12 of the Protection of Women from Domestic Violence Act, 2005 before Judicial Magistr
Maintenance and compensation – Female Live-in-Partner can be granted relief under provisions of Domestic Violence Act, 2005.
A woman in a live-in relationship is entitled to maintenance under the Protection of Women from Domestic Violence Act, 2005, provided the relationship meets the definition of domestic relationship.
Grant of interim maintenance – Denial of relationship of husband and wife – Evidence to be adduced during trial – No interference required
The main legal point established in the judgment is the crucial role of evidence in determining the nature of the relationship and the entitlement to protection under the DV Act.
(1) In order to maintain a petition under DV Act aggrieved person has to show that aggrieved person and respondent (man) lived together in a shared household and this could be even from a relationshi....
(1) In order to maintain a petition under DV Act aggrieved person has to show that aggrieved person and respondent (man) lived together in a shared household and this could be even from a relationshi....
The main legal point established in the judgment is the entitlement to relief under the PWDV Act based on the finding of a domestic relationship, and the permissibility of adjustment of maintenance a....
(1) Even if a Muslim women has been divorced, she would be entitled to claim maintenance from her divorced husband, as long as she does not re-marry.(2) Quantum of maintenance – Wife is entitled to l....
The court affirmed that the DV Act provides protection based on the definition of 'domestic relationship,' even amid claims of prior marriages, and emphasized the need to utilize statutory appeal mec....
A wife must establish a prima facie case of domestic violence to be entitled to interim maintenance under the Domestic Violence Act, considering both parties' financial statuses.
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