CHHATTISGARH HIGH COURT
Judge, J
Paleshwar Dewangan and Others v. Swezal Dewangan and Another
| Table of Content |
|---|
| 1. application of the pwdv act and grounds for appeal. (Para 1 , 2) |
| 2. arguments presented by both sides regarding the applicability of the law. (Para 3 , 4 , 5) |
| 3. court's examination of legal requirements and procedural mandates. (Para 6 , 7 , 8) |
| 4. interpretation of the term 'relative' under the pwdv act. (Para 9 , 10) |
| 5. final ruling and dismissal of the appeal. (Para 11) |
1. Smt. Swezal Dewangan, respondent No.1 herein, filed a complaint under S.12 read with S.17, S.19, S.20 and S.22 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the PWDV Act') alleging torture, cruelty etc., and sought relief of residence and monetary relief as well as compensation for harassing her mentally, against the petitioners herein. The petitioners herein after appearance raised two fold objections that under the proviso to sub-section (1) of S.12 of the PWDV Act, before passing order dated 7-9-2015 domestic incident report of the Protection Officer has not been obtained and the second objection was also raised that the provisions of the PWDV Act are not applicable against female / petitioner No.3 herein, and the provisions being mandatory, the application deserves
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