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IN THE HIGH COURT OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
Mohd. Yousuf – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioner's claim of domestic violence is challenged. (Para 2 , 3) |
| 2. accusations against petitioner rejected; legal responses insufficient. (Para 6) |
| 3. statutory duties of authorities covered under dvc act. (Para 7 , 8 , 9) |
| 4. challenge to domestic violence proceedings based on jurisdiction. (Para 10 , 12 , 13) |
| 5. writ petition dismissed due to lack of jurisdiction and maintainability. (Para 11 , 16) |
ORDER :
SUREPALLI NANDA, J.
Heard Sri B.Shyam Sundar Rao, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Women and Child Welfare appearing on behalf of respondent Nos.1 and 2 and Smt. J.Seetha, learned counsel for respondent No.3.
2. The petitioner approached the court seeking prayer as under :
“…to issue a Writ, order or direction more in the nature of Writ of Certiorari quashing the proceedings in the DVC No.131/2022 on the file of Spl. Judicial 1st Class Magistrate (Excise)-cum-Vth Addl MM Court, R.R. District at L.B.Nagar declaring the same to be without jurisdiction and illegal and the proceedings of the 2nd respondent forwarding the complaint of the 3rd respondent without any application of mind as being illegal and mechanical an
None of the cases listed explicitly indicate that they have been overruled, reversed, or treated as bad law. The provided case law excerpt does not contain any language suggesting negative treatment or invalidation by subsequent rulings.
Followed/Neutral Treatment:
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Uncertain Cases:
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If additional context or subsequent case citations are available, they could clarify whether this case has been overruled or criticized, but based on the current information, it remains in an uncertain category.
**Source :** Mohd. Yousuf vs The State of Telangana - Telangana D. N. Bhattacharjee VS State Of W. B. - Supreme Court
The court ruled that domestic violence proceedings can be pursued despite separation if the aggrieved party alleges domestic violence, affirming that jurisdiction under the Domestic Violence Act is v....
The court determined that the maintainability of DVC proceedings must be assessed based on rigorous adherence to the provisions of the DVC Act, emphasizing the jurisdictional limits of the High Court....
Proceedings initiated under Section 12 seeking reliefs under Sections 18 to 23 are civil in nature – Proceedings under Section 200 of Cr.P.C. and other relevant provisions of Cr.P.C. are not to be fo....
(1) Relief sought for under Chapter IV of D.V. Act is not in nature of a formal accusation like in a criminal case and person against whom such a relief is sought for, is not an accused before Magist....
The court established that proceedings under the Domestic Violence Act cannot be quashed unless it is clear that no prima facie case exists and the allegations are malicious.
The Domestic Violence Act proceedings are civil in nature, and the proper procedure involves issuing notices rather than summons, emphasizing the distinction from criminal jurisdiction.
Proceedings under the Domestic Violence Act initiated with vague allegations and lacking material particulars constitute an abuse of process and are unsustainable in law.
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