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Shades of Knife

True Colors of a Vile Wife

Tag: PWDV Act Sec 23 – Inquire Prima Facie DV Before Granting Interim Maintenance

Sangita Saha Vs Abhijit Saha and Ors on 28 January, 2019

Posted on April 21, 2019 by ShadesOfKnife

Apex Court has upheld the Kolkata High Court judgment wherein it has affirmed that, when there is no DV, no reliefs flow from the case.

“The respondent filed a revision before the High Court, which was allowed. The High Court set aside the order passed by the learned District Judge in the appeal by observing that the petitioner was unable to establish any incident of torture or demand of money or physical violence. In that view of the matter, the High Court was of the opinion that the petitioner was not entitled to any order in her favour. It is pertinent to state that the High Court held that the petitioner was entitled to claim residence in the shared household. But that entitlement is only in case she establishes domestic violence, which she did not.”

Sangita Saha Vs Abhijit Saha and Ors on 28 January, 2019

Citations: [2019 SCC ONLINE SC 559], [2020 (3) SCC (Cri) 573]

Other Sources:

https://indiankanoon.org/doc/199772841/

https://www.casemine.com/judgement/in/5d848ce9714d58266e07f0be


The High Court of Kolkata judgment is here.

Key Paras:

Regarding residence orders passed by learned Additional District and Sessions Judge in the impugned judgment this Court is of the view that before passing of such order satisfaction of the concerned Court is necessary that domestic violence has been caused. In the instant case the plea of domestic violence is under consideration only on the basis of sole, solitary uncorroborated oral testimony of the aggrieved wife (opposite party herein). In the eye of law plea is not proof. Allegations of domestic violence are grave in nature and have serious impact if really proved.

Unless it is satisfactorily established that domestic violence has taken place neither any protection order under Section 18 nor any residence order under Section 19 nor any order for monetary relief under Section 20 nor any compensation order under Section 22 of the Protection of Women from Domestic Violence Act, 2005 should be passed.
In my view, learned Additional District and Sessions Judge has failed to appreciate the facts that the aggrieved party wife failed to establish any incident of torture on her or any incident of demand of money and assault upon her and her father by present petitioners and said learned Judge has overlooked the factum of withholding the father and personal attendant of the opposite party from the witness box.

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged No Evidence for Domestic Violence No Reliefs PWDV Act Sec 23 - Inquire Prima Facie DV Before Granting Interim Maintenance Sangita Saha Vs Abhijit Saha and Ors | Leave a comment

Abhijit Saha and Ors Vs Sangita Saha on 17 September, 2015

Posted on April 21, 2019 by ShadesOfKnife

Another good judgment from High Court of Kolkata wherein it was held that,

“Unless it is satisfactorily established that domestic violence has taken place neither any protection order under Section 18 nor any residence order under Section 19 nor any order for monetary relief under Section 20 nor any compensation order under Section 22 of the Protection of Women from Domestic Violence Act, 2005 should be passed.”

Abhijit Saha and Ors Vs Sangita Saha on 17 September, 2015

The Supreme Court judgment is here.

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged Abhijit Saha and Ors Vs Sangita Saha PWDV Act Sec 23 - Inquire Prima Facie DV Before Granting Interim Maintenance | Leave a comment

Abhijit Bhikaseth Auti Vs State Of Maharashtra and Anr on 16 September, 2008

Posted on January 1, 2019 by ShadesOfKnife

Following questions arise for consideration in this petition filed with Hon’ble Bombay High Court:

“Whether an order passed on an application made under section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the said Act”) is appelable under section 29 of the said Act?

Whether an appeal will lie under section 29 of the said Act against every order passed by the learned Magistrate in proceedings initiated on the basis of an application made under section 12 of the said Act?

What is the scope of an appeal under section 29 of the said Act?”

From Para 25,

Thus, the conclusions which can be summarised are as under:
(i) An appeal will lie under section 29 of the said Act against the final order passed by the learned Magistrate under sub-section 1 of section 12 of the said Act;

(ii) Under sub-section 2 of section 23 of the said Act, the learned Magistrate is empowered to grant an ex-parte ad-interim relief in terms of sections 18 to 22 of the said Act. The power under sub-section 1 is of granting interim relief in terms of sections 18 to 22 of the said Act. Before granting an interim relief under sub-section 1, an opportunity of being heard is required to be granted to the respondent.

(iii) An appeal will also lie against orders passed under sub section 1 and sub section 2 of the section 23 of the said Act which are passed by the learned Magistrate. However, while dealing with an appeal against the order passed under section 23 of the said Act, the Appellate Court will usually not interfere with the exercise of discretion by the learned Magistrate. The appellate Court will interfere only if it is found that the discretion has been exercised arbitrarily, capriciously, perversely or if it is found that the Court has ignored settled principles of law regulating grant or refusal of interim relief.
(iv) An appeal under section 29 will not be maintainable against purely procedural orders which do not decide or determine the rights and liabilities of the parties.

Abhijit Bhikaseth Auti Vs State Of Maharashtra & Anr on 16 September, 2008

Citations: [2

Other Source links:

Posted in High Court of Bombay Judgment or Order or Notification | Tagged Abhijit Bhikaseth Auti Vs State Of Maharashtra and Anr Expedite Order - Complete Trial Within Three Months Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act 29 - Interim order U/s 23 Appealable U/s 29 PWDV Act Sec 23 - Inquire Prima Facie DV Before Granting Interim Maintenance Work-In-Progress Article | Leave a comment

Santosh Sashkant Dhonde Vs Sarika Santosh Dhonde and Ors on 11 September, 2014

Posted on January 1, 2019 by ShadesOfKnife

The legal contention in this case adjudicated by Hon’ble Bombay High Court is

From Para 8,

“whether passing of an exparte order in the present case, was proper and justified.”

“There was no such pressing necessity in the facts of this case to pass an exparte order, particularly when it was nobody’s case that the petitioner was willfully remaining absent or was willfully avoiding service of the notice which was already been issued to him.”

From Para 9,

On the contrary, in the decision reported in Abhijit Bhikaseth Auti Vs. State of Maharashtra & Anr (supra), it has been mentioned that an opportunity of being heard should be given to the husband even while passing an interim order of maintenance. In the instant case, when interim orders for maintenance passed by two the other Courts were already in favour of the respondent no.1 wife, there was hardly any occasion to pass an exparte order of maintenance.

Santosh Sashkant Dhonde Vs Sarika Santosh Dhonde and Ors on 11 September, 2014

Citations: [2

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

Posted in High Court of Bombay Judgment or Order or Notification | Tagged Expedite Order - Complete Trial Within Two Months PWDV Act Sec 23 - Inquire Prima Facie DV Before Granting Interim Maintenance Santosh Sashkant Dhonde Vs Sarika Santosh Dhonde and Ors Work-In-Progress Article | Leave a comment

Vidhya B.G Vs Yeshwanth Kumar on 15 September, 2018

Posted on January 1, 2019 by ShadesOfKnife

The cunning knife’s appeal against interim maintenance dismissal is again dismissed by Session’s Court.

Vidhya B.G Vs Yeshwanth Kumar on 15 September, 2018

This is based on the landmark judgment from Karnataka High Court here.


 

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged PIL - CrPC 125 Must Go From Statute Book PWDV Act Sec 23 - Inquire Prima Facie DV Before Granting Interim Maintenance PWDV Act Sec 23 - Interim Maintenance Denied Vidhya B.G Vs Yeshwanth Kumar | Leave a comment

Monojit Banerjee Vs Shalini Banerjee on 3 October, 2016

Posted on August 31, 2018 by ShadesOfKnife

Hon’ble High Court of Karnataka has held in this revision order, that when the impugned order was not an order passed, as ex parte, the learned magistrate was required to hold as inquiry in a DV Case and then should have recorded his finding (to grant interim relief or not).

 

Sri Monojit Banerjee Vs Smt Shalini Banerjee on 3 October, 2016

Citations: [2

Other Source links:

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Monojit Banerjee Vs Shalini Banerjee PWDV Act Sec 23 - Inquire Prima Facie DV Before Granting Interim Maintenance PWDV Act Sec 23 - Interim Maintenance Denied Sandeep Pamarati Work-In-Progress Article | Leave a comment

Ashmin Kashmiri Vs Pushkar Kashmiri on 4 July, 2018

Posted on July 7, 2018 by ShadesOfKnife

In this judgment Justice Dharam Chand Choudhary has affirmed that under section 23 of DV Act, the Magistrate should be satisfied that the DV application prima facie discloses that the respondent is committing, or has committed and act of domestic violence, he may grant an ex parte order on the basis of the affidavit.

As such the case is returned back to trial court to proceed in according to law.

Ashmin Kashmiri Vs Pushkar Kashmiri on 4 July, 2018

Citations: [2

Other Source links:

Posted in High Court of Himachal Pradesh Judgment or Order or Notification | Tagged Ashmin Kashmiri Vs Pushkar Kashmiri PWDV Act Sec 23 - Inquire Prima Facie DV Before Granting Interim Maintenance Sandeep Pamarati Work-In-Progress Article | Leave a comment

Murali Mohan Krishna Vs Lavanya on 8 August, 2017

Posted on May 30, 2018 by ShadesOfKnife

Good judgment again from Hon’ble Karnataka High Court which held that Magistrate must conduct Inquiry in the nature of summary trial before Interim Maintenance.

Murali Mohan Krishna Vs Lavanya on 8 August, 2017

Citations: [2

Other Source links:

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Murali Mohan Krishna Vs Lavanya PWDV Act Sec 23 - Inquire Prima Facie DV Before Granting Interim Maintenance PWDV Act Sec 23 - Interim Maintenance Granted Work-In-Progress Article | Leave a comment

Krishnamurthy Nookula Vs Savitha Y on 9 December, 2009

Posted on May 30, 2018 by ShadesOfKnife

Good judgment from Co-ordinate bench of Hon’ble Karnataka High Court which held that Magistrate must conduct Inquiry in the nature of summary trial before Interim Maintenance.

Krishnamurthy Nookula vs Savitha Y on 9 December, 2009

Citations: [2

Other Source links:

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Krishnamurthy Nookula Vs Savitha Y PWDV Act Sec 23 - Inquire Prima Facie DV Before Granting Interim Maintenance PWDV Act Sec 23 - Interim Maintenance Granted Sandeep Pamarati Work-In-Progress Article | Leave a comment

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