Ms. Nidhi Kaushik vs Union Of India & Ors. on 26 May, 2014
25. Findings
25.1. The proceedings under Section 12 of the DV Act filed by the
appellant's sister-in-law are civil in nature as held by the Supreme
Court and various High Courts in Indra Sarma (supra), Varsha
Kapoor (supra), Shambhu Prasad Singh (supra), Sabana (supra),
Bipin Prataprai Bhatt (supra), Narendrakumar (supra), Naorem
Shamungou Singh (supra) and Vijaya Baskar (supra).
25.2. The respondent has not controverted the provisions of the
DV Act as well as the judgments mentioned above. The
respondent's contention that the provisions of the DV Act and the
judgments mentioned above are irrelevant is highly irresponsible.
If the respondent could not controvert the settled position of law
arising out of clear statutory provisions and the judgments, the
respondent should have fairly conceded instead of labeling the
submissions as irrelevant.