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november 2015

Supreme Court of India · 2015-11-20

KRISHNA BHATACHARJEE vs SARATHI CHOUDHURY

Citation / case number
SC 2014/38066
Court
Supreme Court of India
Petitioner
KRISHNA BHATACHARJEE
Respondent
SARATHI CHOUDHURY
Author
Dipak Misra
Bench
PRAFULLA C. PANT DIPAK MISRA

Judgment text excerpt

The Supreme Court held that the appellant's claim under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was improperly dismissed on the grounds of being an 'aggrieved person' and limitation. The Court emphasized that a sensitive approach is required in such cases, and that courts must thoroughly deliberate on the issues raised before dismissing petitions. The Court overturned the lower courts' decisions, allowing the appellant to pursue her claim for Stridhan, reinforcing the protective intent of the 2005 Act.

KRISHNA BHATACHARJEE vs SARATHI CHOUDHURY · Niyam