Pawan Bhatia v. Sonia Bhatia

CRR-1721-2022(O&M)


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRR-1721-2022 (O&M) Date of Decision: 25.07.2024 Pawan Bhatia .... Petitioner

Versus

Sonia Bhatia .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Dinesh Arora, Advocate for the petitioner.

Mr. Abhilaksh Grover, Advocate for the respondent.

*** NIDHI GUPTA , J. (ORAL) Challenge in the present revision petition is to order dated 11.07.2022 passed by learned Additional Sessions Judge, Faridabad whereby appeal filed by the petitioner against the order dated 01.02.2021 passed by learned Judicial Magistrate 1st Class, Faridabad granting interim maintenance of Rs.1 lac p.m. in an application under Section 12, 17, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 filed by the wife, has been partly allowed. At the very outset, learned counsel for the petitioner submits that he may be permitted to withdraw the present petition with liberty to take recourse to the appropriate remedy, in accordance with law, in view of judgment dated 24.04.2023 passed by a co-ordinate Bench of this Court in CRM-M-19553-2023 titled as 'Jaspal Kaur alias Pinki and others vs. State of Punjab and another', wherein it has been held that DIVYANSHI 2024.07.26 10:50 I attest to the accuracy and integrity of this document

CRR-1721-2022(O&M)

'the proceedings under Section 12 of the DV Act are civil in nature, therefore, a petition under Section 482 Cr.P.C. or revision under Section 397 Cr.P.C., assailing the order passed in complaint filed under the provisions of DV Act are not maintainable'.

In view of the above, the present petition is dismissed as withdrawn, with the liberty aforesaid.

Pending application, if any, also stands disposed of. 25.07.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No




 DIVYANSHI 2024.07.26 10:50 I attest to the accuracy and integrity of this document