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april 2016

Supreme Court of India · 2016-04-22

PRAKASH NAGARDAS DUBAL-SHAHA vs SOU. MEENA PRAKASH DUBAL SHAH .

Citation / case number
SC 2013/11343
Court
Supreme Court of India
Petitioner
PRAKASH NAGARDAS DUBAL-SHAHA
Respondent
SOU. MEENA PRAKASH DUBAL SHAH .
Author
SHIVA KIRTI SINGH

Judgment text excerpt

The Supreme Court upheld the decision of the learned Magistrate under the Protection of Women from Domestic Violence Act, 2005, affirming that the wife, despite the husband's claims, was entitled to maintenance and protection from domestic violence. The Court emphasized that the wife remained a lawfully wedded spouse after the rejection of the divorce petition, and the husband's allegations of her capability to maintain herself were dismissed. The Court confirmed the findings of domestic violence and the wife's eligibility for relief under Sections 12, 18, 19, 20, 21, and 22 of the Act, thereby restoring the Magistrate's order for maintenance and compensation.

PRAKASH NAGARDAS DUBAL-SHAHA vs SOU. MEENA PRAKASH DUBAL SHAH . · Niyam