Ranjit Kaur Vs Harmohinder Singh & Ors on 2 November, 2011
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Ranjit Kaur Vs Harmohinder Singh & Ors on 2 November, 2011
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Babloo Chauhan @ Dabloo Vs State Govt. of NCT of Delhi on 30 November, 2017
Related Law Commission of India Report available here.
Citations :
Other Sources :
Hon’ble High Court of Madhya Pradesh has quashed the FIR, based on the documents submitted by Defense.
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Listed below are a reasonably laid-out sequence of events in a Domestic Violence Case filed under PWDV Act, 2005. The rules related to the Act are here.
Note: Take a thorough look at the below infographic to understand the various remedies available for an aggrieved person under this law.
Copyright (c) Holders:
Content: Suprajaa Rajan
Infographic: Padma Priya Jupally #IAmEnough
Other Life Cycles: 498A IPC Case Lifecycle || Maintenance Case u/s 125 CrPC Lifecycle. Index of all life cycles is here. Looking for Domestic Violence case-laws? go here!
Before Entering Into Court
Key Highlights
Focus Areas
After Entering Into Court (APPEARANCE AND FOR COUNTER stages)
Key Highlights
Focus Areas
EXAMINATION Stage
After Written Statement is filed generally, the next stage is the EXAMINATION. Naturally, it would begin examination of the complainant. The Court frames the issues at this Stage of the case. (read O14 R1 of CPC)
Additionally, if the AP filed an application u/s 23 of the PWDV Act seeking interim/ex-parte reliefs, then that application will be picked up by the Court. Scroll down to the relevant section (INTERIM Orders Stage) on this page.
Key Highlights
ARGUMENTS Stage
After completion of examination of Prosecution and Respondent Witnesses and bring on record all the Evidence from both the parties, the Court opens for Arguments Stage.
Key Highlights
JUDGMENT Stage
The Court takes time to draft the judgment with reasons for the decision taken and pronounces the same in the Open Court, in the presence of both the parties. The court passes appropriate order/judgement. The court may decide the matter in three manners.
Next steps
INTERIM Orders Stage
The AP may file an application u/s 23, seeking Interim orders on the available reliefs under this Act. Such interim applications are to be disposed of in summary manner meaning, no evidence is to be taken on record and only the application/written statement/counter and relevant affidavits are the only things that need to be considered. Both parties will be given an opportunity to submit their arguments/hearing, after which the Court will pass an Order.
If such interim orders were obtained by AP by committing the offence of perjury upon the Court, do not hesitate to file an application u/s 340 CrPC in the same Court, right after such judicial order is passed.
Ready Reference:
Key Contributor:
In this judgment, Punjab & Haryana HC held that “Complaint under DV Act not maintainable after divorce”.
Amit Agarwal and others Vs Sanjay Aggarwal and others on 31 May, 2016Citations: [
Other Source links:
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
This is the landmark judgment from Delhi High Court which held that “A mother who is being maltreated and harassed by her son would be an “aggrieved person”. If the said harassment is caused through the female relative of the son i.e. his wife, the said female relative will fall within the ambit of the “respondent‟. This phenomenon of the daughters-in-law harassing their mothers-in-law especially who are dependent is not uncommon in the Indian society.”
From Paras 9 and 10,
Kusum Lata Sharma Vs State & Anr. on 2 September, 20119. As a matter of fact, para ‘4(i)’ clarifies that even those women who are sisters, widows, mothers, single woman or living with the abuser are entitled to legal protection under the proposed legislation. A mother who is being maltreated and harassed by her son would be an “aggrieved person”. If the said harassment is caused through the female relative of the son i.e. his wife, the said female relative will fall within the ambit of the ‘respondent’. This phenomenon of the daughters-in-law harassing their mothers-in-law especially who are dependent is not uncommon in the Indian society.
10. In view of the authoritative pronouncement of the Hon’ble Supreme Court, para ‘4’ of the Statement of Objects and Reasons cannot be stated to have excluded a female relative of the male partner or a respondent and thus, a mother-in-law being an “aggrieved person” can file a complaint against the daughter-in-law as a respondent.
Citations : [2011 DMC 3 1], [2011 CRIMES 4 548], [2011 DLT 181 775], [2011 DRJ 126 298], [2011 ILR SUPP DELHI 4 435], [2012 RCR CRIMINAL 1 924], [2011 SCC ONLINE DEL 3710], [2011 AIC 106 846], [2011 AD DELHI 6 576]
Other Sources :
https://indiankanoon.org/doc/1272794/
https://www.casemine.com/judgement/in/56090db1e4b014971117a40b
In this judgment, Delhi High Court held that “the provisions under the D.V.Act can be invoked only when the domestic relationship is in existence. Where the domestic relationship ceased, the provisions under the D.V.Act cannot be invoked, basis this judgment here.”
Contention is from Para 11,
Poonam Vs V.P.Sharma on 25 February, 2014The contention of the petitioner has been that when she can move the jurisdiction of the court under Section 125 Cr.P.C., nothing prevents her from invoking the jurisdiction of the court under D.V.Act. It s further contended that the expression used under Section 2 (f) ‘at any point of time lived together’ also includes a divorced wife.
In this judgment from Madhya Pradesh High Court, it was held that “monetary relief is not restricted to maintenance only. In fact it is the monetary relief to meet the expenses and losses suffered. However, as the monetary relief can be granted towards loss of earnings, medical expenses, for expenses incurred and losses suffered by the aggrieved person, therefore, it cannot be said that the lump sum amount of Rs. 15,000 so awarded by the Appellate Court was only by way of Maintenance Amount.”
Ramu Singh Tomar & Ano. v. Smt. Bhuri Bai on 15 February, 2017
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