31.03.2026
Order No.
07. 1. During the course of hearing in the light of the
judgment of the Apex Court in the case of Shalu Ojha v.
Prashant Ojha reported in (2015) 2 SCC 99, the
counsels are requested to address this Court on the
question of maintainability. Paragraph-19 of the said
judgment is extracted hereunder for convenience of
reference:
“xxx xxx xxx
19. It can be seen from the DV Act that no
further appeal or revision is provided to the
High Court or any other court against the
order of the Sessions Court under Section 29.
It is in the background of the abovementioned
scheme of the DV Act that this case is
required to be considered. The appellant made
a complaint under Section 12 of the DV Act.
The Magistrate in exercise of his jurisdiction
granted maintenance to the appellant. The
Magistrate’s legal authority to pass such an
order is traceable to Section 20(1)(d) of the
DV Act.
