Supreme Court · 2016 INSC 1178 · Decided 22 April 2016
Prakash Nagardas Dubal Shaha v. SOU. Meena Prakash Dubal Shah & ORS.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 1178 · [2016] 2 S.C.R. 969
- Case number
- CRIMINAL APPEAL No. 320/2016
- Decided
- 22 April 2016
- Bench
- DIPAK MISRA, SHIVA KIRTI SINGH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- Domestic Violence Act Section 12
Headnote
Protection of Women from Domestic Violence Act, 2005: ss.12. 18 to 22 - Application for maintenance filed by respondent-wife against the appellant-husband - Sessions Judge held that since the A B parties had initiated divorce proceedings at an earlier point of time, C the Act which came into 2005 was wrongly invoked by the wife and her application was not maintainable - Held: In the instant case, the divorce proceedings had not resulted in divorce - The unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed by the contesting respondents D
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)