VANEET GUPTA Vs. STATE

JUDGEMENT

(1.) The Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 was enacted to provide more effective protection of the rights of women guaranteed to them under the Constitution who were victims of violence of any kind occurring within the family and for matters connected thereto or incidental thereto. Reiterating and explaining the rights of women, who are related by consanguinity, marriage, adoption or as joint family members, Chapter IV of the Act provides procedure for obtaining and making of orders contemplated under the Act.

(2.) Applications filed under Chapter IV of the Act are required to be disposed of by a Judicial Magistrate empowered to entertain such Applications within a period of sixty days from the date of first hearing taking up the matter after every three (03) days. The scheme of the Act, however, does not provide for punishment to person(s) accused of Domestic Violence. Its purpose, on the other hand, appears providing protection to those suffering from Domestic Violence. Chapter V of the Act, however, contemplates punishment of imprisonment of either description for a term which may extend to one year or with fine which may extend to Rs.20,000/- or with both for those who are found to have committed breach of the Protection Order or any Interim Protection Order, passed during the currency of the proceedings under the Act.

(3.) The Magistrate empowered to entertain grievance against Domestic Violence may pass such orders after following the procedure prescribed under the Act, which includes opportunity of hearing to the person(s) accused of Domestic Violence. The Court may, if required, formulate its own procedure while dealing with Applications under Sections 12 or 23(2) of the Act.