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2025 Supreme(Online)(UK) 1271

HIGH COURT OF UTTARAKHAND
Pankaj Purohit, J
Jawahar Singh Negi – Appellant
Versus
Smt. Prabha Devi – Respondent
Domestic Violence Misc. Criminal Case No.248 of 2010|Criminal Appeal No.4 of 2018|CRLR No.977 of 2023



Advocates:
For the Appellants/Petitioners: Mr. Pawan Mishra
For the Respondents:

Domestic violence statutes impose obligations that require careful consideration of both parties' circumstances, and courts must ensure fairness in enforcement.

Headnote:The present case concerns 'Domestic Violence' as outlined in legislation pertaining to domestic violence. The appellant contends that the lower courts failed to recognize his victimization by the respondent and her family. The Court finds merit in the revisionist's grievances against the lower court's orders. The pivotal issue addressed concerns the restriction imposed on the appellant to provide living accommodations for the respondent and the condition to return stridhan or pay a sum, leading the Court to stay the execution of these directions. The appellant is to remain abstained from enforcing these orders until further proceedings.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
CRLR No.977 of 2023 Hon’ble Pankaj Purohit, J. Mr. Pawan Mishra, learned counsel for the revisionist. 2. The present revision is directed against the judgment and order dated 07.03.2017 passed by Additional Chief Judicial Magistrate, Vikasnagar, passed in Domestic Voilence Misc. Criminal Case No.248 of 2010, Smt. Prabha Devi vs. Jawahar Singh Negi & others, whereby the application moved by respondent-wife-Prabha Devi was allowed as well as the judgment and order dated 05.10.2023 passed by Additional District & Sessions Judge, Vikasnagar, Dehradun in Criminal Appeal No.4 of 2018, Jawahar Singh Negi vs. Smt. Prabha Devi, whereby the judgment passed by learned Additional Chief Judicial Magistrate has been affirmed. 3. It is contended by learned counsel for the revisionist that it is a case where the revisionist- husband is actually at the receiving hand, who has been beaten up by respondent-wife, and her family members and they have been convicted by learned Additional Chief Judicial Magistrate, Vikasnagar, Dehradun in Criminal Case No.79 of 2012, State vs. Prabha Devi & others. The copy of which has been annexed by the revisionist along with stay application no.1/2025.
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