Smt. Rakhi G akhi Gupta & Ors. v. State of Pu of Punjab’ & Anr.
Case at a glance
Outcome
Dismissed
he present petition is dismissed as
Provisions considered
Judgment
Smt. Rakhi G akhi Gupta and others .... Respondents CORAM: H M: HON'BLE MS. JUSTICE NIDH NIDHI GUPTA Present: - Mr. Vivek Singla, Advocate for ate for the petitioner. Mr. Saurabh Bhardwaj, Advoca dvocate for the respondent. NIDHI GUP I GUPTA, J. (ORAL) Vakalatnama filed on behalf o half of the respondents is taken on record. By way of filing the present re sent revision petition, the petitioner assails the the order dated 26.04.2019 passed passed by the learned Additional Sessions Jud ns Judge, Panchkula, whereby while while allowing the appeal filed by the responde spondents, the petitioner was directed ed to pay enhanced maintenance amount @ t @ Rs.16,000/- per month i.e. Rs Rs.8000/- each to both minor children/resp en/respondents No. 2 and 3 herein [vid 017 vide judgment dated 22.03.2017 the learned arned trial Court had awarded the ma the maintenance @ Rs.10,000/- per month i.e. R i.e. Rs.5000/- per month to each child child]; besides a sum of Rs.8000/- per month in onth in lieu of rent of the accommodat modation, in a proceeding under the provisions o ions of the Protection of Women fr Act, en from Domestic Violence Act, 2005, filed b filed by the respondents.
Operative part
At the very outset, learned coun d counsel for the petitioner submits that he may e may be permitted to withdraw the p y to the present petition with liberty to take recours ecourse to the appropriate remedy, in dy, in accordance with law, in view RISHU KATARIA 2024.10.16 14:53 I attest to the accuracy and authenticity of this order/judgment. CRR-1631 -2019 -2- of judgment gment dated 24.04.2023 passed by a co by a co-ordinate Bench of this Court in CRM-M M-19553-2023, titled as ‘Jaspal Ka vs. pal Kaur Alias Pinki and others vs. State of Pu of Punjab and another’, wherein erein it has been held that ‘the proceedings ings under Section 12 of the DV Act re, Act are civil in nature, therefore, a petition u on under Section 482 Cr.P.C. or 97 . or revision under Section 397 Cr.P.C., as , assailing the order passed in in complaint filed under the provisions o e’. ns of DV Act are not maintainable’. (cid:1) (cid:1) In view of the above, the pre d as he present petition is dismissed as withdrawn, w awn, with the liberty aforesaid.
It is pointed out by learned co ned counsel for the petitioner that vide order da rder dated 08.11.2019, while issuing n uing notice of motion, a co-ordinate Bench of thi of this Court had stayed the payment ment of amount towards rent. The aforesaid interim order dat er dated 08.11.2024, shall continue for the next e next 04 weeks from today, so as to o as to enable the petitioner to file appropriate p riate proceedings, in accordance with e with law. 2024
15.10.2024 (cid:1) ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned ned Yes/No Whether Reportable Yes/No RISHU KATARIA 2024.10.16 14:53 I attest to the accuracy and authenticity of this order/judgment.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: he present petition is dismissed as
Which statutory provisions did this judgment involve?
Protection of Women from Domestic Violence Act, 2005 — s. 12; Code of Criminal Procedure, 1973 — ss. 397, 482.
Which court decided this case, and when?
Punjab & Haryana High Court, on 15 Oct 2024. The bench was NIDHI GUP I GUPTA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.