The High Court disposed of a criminal revision petition challenging a trial court order regarding domestic residence rights. Since the appellate court had remanded the matter for a fresh decision, the high court held that no grounds for interference existed.
The petition stands disposed of; no ground for interference is made out.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1540 / 2016
Smt. Vimla Devi D/o Shri Ramkishor W/o Shri Gopal Lal Bohra, aged about 48 years, by caste Raigar, Resident of Plot No.22, Shivanandpuri Vistar Colony Mahapura, Police Thana Bhankrota, jaipur (Raj.)
----Petitioner
Versus
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Neeraj Sharma Adv. For Respondent(s) : Mr. V.S. Godara, P.P. Mr. S.L. Songara Adv.
HON'BLE MRS. JUSTICE SABINA
Judgment
07/12/2017
Petitioner has filed this petition under Section 397 read with Section 401 Code of Criminal Procedure, 1973 challenging the order dated 11.07.2016.
I have heard learned counsel for the parties and have gone through the record available on the file carefully.
Petitioner has filed an application under Section 12 and 23(2) of the Protection of Women from Domestic Violence Act 2005. Vide order dated 26.01.2016, Trial Court directed that the petitioner be permitted to reside in house No.22 Shivanandpuri
(2 of 2)
[CRLR-1540/2016]
Vistar Colony Mahapura, Jaipur in a peaceful manner. The said order was set aside by the Appellate court on the ground that the petitioner had failed to specify as to when she had been thrown out of her matrimonial home. Appellate Court set aside the order passed by the Trial Court dated 22.01.2016 and remanded the case to the Trial Court for a fresh decision.
Since the matter has been remanded to the Trial Court for a fresh decision by the Appellate court, petitioner would be at liberty to take up all the pleas available to her before the Trial Court.
No ground for interference by this court is made out.
Petition stands disposed of accordingly.
(SABINA)J.
S.Kumawat/D-98
1 issue framed by the court
Whether the high court can interfere in a criminal revision petition where the matter was remanded by the appellate court for a fresh decision on merits.
2 provisions across 2 enactments
Smt. Vimla Devi D/o Shri Ramkishor W/o Shri Gopal Lal Bohra
State Of Rajasthan through P.P.
Gopal Lal Bohra Son of Shri Ramlal
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
