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Tag: Shyamlal Devda and Ors Vs Parimala

Robarto Nieddu Vs State of Rajasthan and Anr on 20 Nov 2021

Posted on April 29, 2022 by ShadesOfKnife

Relying on Supreme Court judgment here, Single bench of Rajasthan High Court at Jodhpur held that non-citizen women residing in India temporarily also are classified as ‘aggrieved person’.

It is noted that as per section 2(a) of the Act of 2005, the definition of ‘aggrieved person’ is given and as per the definition itself, any woman including a foreign citizen who is subjected to domestic violence can maintain an application before the trial court under the Act of 2005.

Not only this, section 12 of the Act of 2005 provides that even an aggrieved person can prefer an application through protection officer seeking the relief under the Act of 2005.

The fact that the respondent No.2 is resident of Jodhpur for last about 25 years and after having solemnized marriage with the petitioner, the incident which is reported in the complaint also took place at Jodhpur and therefore, in view of definitions enumerated under sections 2 (a) and 12 of the Act of 2005, it is held that the application preferred by the respondent No.2 before the trial court is maintainable. The observations of the Supreme Court in the case of Shyamlal Devda & Ors. V/s Parimala reported in AIR 2020 SC 762 also fortifies the fact of maintainability of the application under section 12 of the Act of 2005 in the present case. Para 10 of the judgment rendered in the case of Shyamlal Devda.

A plain reading of Act of 2005 also reveals that protection under this Act is also extended to the persons who are temporarily resident of India being covered under the definition of aggrieved person as per section 2 (a) of the Act of 2005.
Even Article 21 of the Constitution of India extends the benefit of protection not only to every citizen of this country, but also to a “person” who may not be a citizen of the Country. Article 21 states that no person shall be deprived of his life or personal liberty except according to a procedure established by law. Therefore, looked at from that angle, a person aggrieved i.e. respondent No.2 is very much entitled to get protection of section 12 of the Act of 2005.

Robarto Nieddu Vs State of Rajasthan and Anr on 20 Nov 2021

Citations:

Other sources:

https://indiankanoon.org/doc/80330536/


Index of DV cases here.

Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case PWDV Act 2(a) - Non citizen woman is also an Aggrieved Person PWDV Act Sec 12 - Domestic Violence Application to Magistrate Robarto Nieddu Vs State of Rajasthan and Anr Shyamlal Devda and Ors Vs Parimala | Leave a comment

Shyamlal Devda Vs Parimala Cases

Posted on October 9, 2020 by ShadesOfKnife

In this bunch of cases, the false cases were crumbled by Courts.

  1. Shyamlal Devda and Ors Vs Parimala on 18 February 2019 [At Karnataka High Court]
    • Shyamlal Devda and Ors Vs Parimala on 22 January 2020 [At Supreme Court]
  2. Shyamlal Devda and Ors Vs Parimala on 02 April 2019 [At Karnataka High Court]
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Shyamlal Devda and Ors Vs Parimala | Leave a comment

Shyamlal Devda and Ors Vs Parimala on 02 April 2019

Posted on January 23, 2020 by ShadesOfKnife

Karnataka High Court has quashed this 498A IPC case on 11 of the accused relatives of the Husband since the complaint is fill of junk vague and non-specific allegations.

Shyamlal Devda and Ors Vs Parimala on 02 April 2019

The Supreme Court had crushed another false DV case by this liar and quashed it on 11 of the accused relatives of the Husband here.


Citations: [

Other Source links: https://www.casemine.com/judgement/in/5d4be4364a9326071f285522


The Index of these cases is here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged CrPC 482 – IPC 498A Quashed Discourage Roping In All Relatives Of In-Laws Or Distant Relatives DP Act 3 - Not Made Out DP Act 4 - Not Made Out DP Act 6 - Not Made Out Shyamlal Devda and Ors Vs Parimala Work-In-Progress Article | Leave a comment

Shyamlal Devda and Ors Vs Parimala on 18 February 2019

Posted on January 23, 2020 by ShadesOfKnife

In this false DV case, Justice JOHN MICHAEL CUNHA, discussed two contentions but adjudicated only on one aspect.

  1. Vague and General Allegations
  2. No jurisdiction to Karnataka Courts
Shyamlal Devda and Ors Vs Parimala on 18 February 2019

The Supreme Court crushed this judgment here and quashed the false DV case on 11 of the accused relatives of the Husband.


Citations: [

Other Source links: https://www.casemine.com/judgement/in/5cc473859eff43397d6ab68f


The Index of these cases is here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Shyamlal Devda and Ors Vs Parimala | Leave a comment

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