This order held that an appeal under Section 29 must be preferred instead of the present Section 482 petition. The court disposed of the petition and stayed application, allowing liberty to file an appeal after condonation of delay.
Petition to be disposed of with liberty to file appeal for condonation of delay due to wrong advice.
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.
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In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur O R D E R
S.B. Criminal Miscellaneous Petition No.4805 of 2013 Dhanna Singh Vs. Smt. Pani
Date of Order ::: 03.09.2014.
Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia
None present : Mr. Madan Lal, Assistant Director [Prosecution] for the State ***
The lawyers are stated to be on indefinite strike.
Perused the contents of the instant petition.
This petition has been preferred under Section 482
Cr.P.C. to assail the order dated 05.11.2009 passed by the Court
of Judicial Magistrate, 1st Class, Beawar, District Ajmer, whereby he allowed application filed by respondent-wife under Section 12 of the Protection of Women From Domestic Violence Act, 2005 and awarded interim maintenance @ Rs.3000/- per month in favour of the respondent/aggrieved-wife from the date of filing of application.
As per Section 29 of the Protection of Women From Domestic Violence Act, 2005, the appeal is to be filed against the impugned order. An order passed by the Magistrate is appealable.
Therefore, the present petition is disposed of with an observation that the petitioner, if so advised, may file an
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appeal in the Court of competent jurisdiction under Section 29 of the Protection of Women From Domestic Violence Act, 2005.
Liberty is also granted to the petitioner to file an application for condonation of delay on the ground that under the wrong advise, the petitioner had approached the wrong forum.
In view of disposal of main petition, the stay
application filed therein no longer survive and is also disposed of.
[ Kanwaljit Singh Ahluwalia ] J.
ashok/Certificate - All corrections have been incorporated in the judgment/order being emailed. Ashok Kumar Songara/P.A.cum J.W.
1 issue framed by the court
Whether a criminal miscellaneous petition under Section 482 Cr.P.C. is maintainable to assail an order under the Protection of Women from Domestic Violence Act, 2005.
2 provisions across 2 enactments
Dhanna Singh
Smt. Pani
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
