This writ petition sought quashing of DV proceedings due to alleged separation. The court held separation or financial defaults are factual defenses for the trial court. Writ proceedings were dismissed, leaving defenses open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P. NO.4202 OF 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2020
BEFORE
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.4202 OF 2020 (GM-RES)
BETWEEN:
SRI. K.SHIVARAM S/O LATE KENCHA BOVI AGED ABOUT 67 YEARS RESIDENT OF NO.11, 5TH MAIN BANASHANKARI 3RD STAGE KATRIGUPPE, BENGALURU-560085 ... PETITIONER
(BY SRI.V.F. KUMBAR, ADVOCATE FOR SMT. USHA M.V., ADVOCATE)
AND:
SMT. KAMALA SHIVARAM W/O K. SHIVARAM AGED ABOUT 58 YEARS RESIDENT OF NO.11, 5TH MAIN BANASHANKARI 3RD STAGE KATRIGUPPE BENGALURU-560085 ... RESPONDENT
(BY SRI. AJAY KUMAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF THE CR.P.C, PRAYING TO QUASH THE PROCEEDINGS IN CRL.MISC.NO.175/2018 PENDING ON THE FILE OF III ADDL. METROPOLITAN MAGISTRATE TRAFFIC COURT AT BENGALURU FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 12 R/W SECTION 19 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, VIDE AT ANNEXURE-F AND ETC.
W.P. NO.4202 OF 2020
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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THROUGH VIDEO CONFERENCE THE COURT MADE THE FOLLOWING:
ORDER
W.P. NO.4202 OF 2020
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in O.S.No.13/2014 and subsequently, Crl.Misc.No.175/2018 was filed under Section 12 read with Section 19 of PWDV Act. He submits that the petitioner has also filed proceedings in M.C.No.6701/2018 for divorce. In the above background, he submits that there being no continuing relationship between petitioner and respondent, the proceedings under Section 12 of the PWDV Act cannot be continued and ought to be quashed.
W.P. NO.4202 OF 2020
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W.P. NO.4202 OF 2020
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the 12 of PWDV Act. What is required to be seen by the trial Court is as to whether the respondent can economically sustain herself or not? The allegations and averments made by the petitioner in the present petition are more in the nature of defence which the petitioner would have to urge in the proceedings under Section of 12 of PWDV Act. This Court in exercise of its extraordinary inherent power under Section 482 of Cr.P.C. would not be required to give finding on facts. As such, the petition is dismissed leaving open all the defences of the petitioner to be urged in the proceedings under Section 12 of the PWDV Act pending before the trial Court.
Sd/JUDGE
Prs*
2 issues framed by the court
Whether the High Court can interfere in proceedings under Section 12 of the PWDV Act on the ground that the parties are living separately.
Whether economic sustainability of the respondent is a matter for the trial Court to decide on facts.
2 provisions across 2 enactments
SRI. K.SHIVARAM
SMT. KAMALA SHIVARAM
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
