Rajasthan High Court - Jaipur
Mrs. Santosh D/O Shri Om Prakash Wife Of ... vs State Of Rajasthan on 11 September, 2019
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5665/2019
Mrs. Santosh D/o Shri Om Prakash Wife Of Shri Pawan, Aged
About 36 Years, R/o Kodinaja Madhana Kalan, Tehsil Narnaul
District Mahendragarh(Haryana) Presently Resident Of Vpo
Badhar, Tehsil Buhana District Jhunjhunu.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp.
2. Superintendent Of Police, Jhunjhunu, Raj.
3. Station House Officer, P.s. Buhana District Jhunjhunu, Raj.
4. Pawan Son Of Shri Guljari, B/c Jangid, R/o Kojinda, Tehsil
Narnaul, District Mahendragarh (Haryana)
5. Mukesh Son Of Shri Guljari, B/c Jangid, R/o Kojinda,
Tehsil Narnaul, District Mahendragarh (Haryana)
6. Jawahar Lal Son Of Guljari, B/c Jangid, R/o Kojinda, Tehsil
Narnaul, District Mahendragarh (Haryana)
7. Somdutt Son Of Guljari, B/c Jangid, R/o Kojinda, Tehsil
Narnaul, District Mahendragarh (Haryana)
8. Guljari Son Of Unknown, B/c Jangid, R/o Kojinda, Tehsil
Narnaul, District Mahendragarh (Haryana)
9. Maya Wife Of Guljari, B/c Jangid, R/o Kojinda, Tehsil
Narnaul, District Mahendragarh (Haryana)
----Respondents
For Petitioner(s) : Mr. Indrapal Jakhar. For State : Mr. Deshraj Gosingha, PP.
HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 11/09/2019
1. Petitioner has preferred this misc. petition seeking direction to the respondent Nos.2 to 3 to set free the petitioner to live on her own free will.
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(2 of 2) [CRLMP-5665/2019]
2. Protection of Women from Domestice Violence Act, 2005 came into force on 17.10.2006. As per the Act, "aggrieved person"
includes any woman who is or has been in domestic relationship with the respondent and alleges to have been subjected to any form of Domestic Violence by the respondent. Domestic relationship has been defined in Sub-clause (f) of Section 2 of the 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"
3. Thus, the proper course available to the petitioner is to move appropriate Court for seeking protection order under Section 18 of the Act.
4. 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 petitioners from respondent No.4 to 9 till she approaches the Domestic Violence Act.
5. Misc. petition stands disposed.
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