Rajasthan High Court - Jaipur
Priyanka Sharma D/O Mahendra Kumar ... vs State Of Rajasthan on 24 September, 2019
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6105/2019
Priyanka Sharma D/o Mahendra Kumar Sharma B/c Brahmin,
Aged About 19 Years, R/o Ward No.13, Bhagwano Ka Muhalla,
Ringus, Jaitusar, Sikar 332404, Rajasthan, At Present Ward
No.15, Maganpura, District Sikar 332601, Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp.
2. S.p. Sikar, Raj.
3. Sho Police Station Ringus, District Sikar.
4. Sho Police Station Khatushyamji, District Sikar.
5. Mahendra Kumar Sharma S/o Chigan Lal Sharma, Aged
About 42 Years, R/o Ward No.13, Bagawano Ka Muhalla,
Ringus, Jaitusar, Sikar 332404, Raj.
6. Smt. Manju Devi W/o Mahendra Kumar Sharma, Aged
About 38 Years, R/o Ward No.13, Bagawano Ka Muhalla,
Ringus, Jaitusar, Sikar 332404, Raj.
----Respondents
For Petitioner(s) : Mr. Akshat Choudhary For Respondent(s) : Mr. Arvind Bhadu, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 24/09/2019
1. Petitioner has preferred this misc. petition seeking protection from her husband and in-laws.
2. It is contended by counsel for the petitioner that parents are not permitting the petitioner to pursue her studies and want to marry her.
3. Protection of Women from Domestic Violence Act, 2005 came into force on 17.10.2006. As per the Act, "aggrieved person" (Downloaded on 06/06/2021 at 09:47:56 PM)
(2 of 2) [CRLMP-6105/2019] includes any woman who is or has been in domestic relationship with the respondent and to alleges to have been subjected to any of Domestic Violence by the respondent. Domestic relationship has been defined in Sub-clause (f) of Section 2 of Act, which reads as under:
"domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family"
4. Thus, the proper course available to the petitioner is to move appropriate Court for seeking protection order under Section 18 of the Act.
5. Petitioner would be free to move application under the Act within one month, in the meantime, respondent No.3 is directed to keep vigil so that no harm is caused to the petitioner from her parents.
6. Misc. petition stands disposed. Stay application stands disposed.
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