NIRALIBEN D./O. KAMLESHBHAI BORICHANGAR vs RAHULBHAI YOGESHBHAI MAHETA Advocate - J L THUMMAR — 112/2025

Case under The Protection of Women from Domestic Violence Act, 2005 Section 21. Disposed: Contested--DISMISS WITH NO ORDER TO COST on 01st June 2026.

CRMA J - CRIMINAL MISC. APPLICATION - JMFC

CNR: GJJN110007952025

Case disposed

Filing Number

115/2025

Filing Date

23-12-2025

Registration No

112/2025

Registration Date

23-12-2025

Court

TALUKA COURT, BHESAN

Judge

1-PRINCIPAL CIVIL JUDGE & J.M.F.C

Decision Date

01st June 2026

Nature of Disposal

Contested--DISMISS WITH NO ORDER TO COST

Acts & Sections

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 Section 21

Petitioner(s)

NIRALIBEN D./O. KAMLESHBHAI BORICHANGAR

Adv. S R DODIYA

Respondent(s)

RAHULBHAI YOGESHBHAI MAHETA Advocate - J L THUMMAR

Hearing History

Judge: 1-PRINCIPAL CIVIL JUDGE & J.M.F.C

01-06-2026

Disposed

29-05-2026

EVIDENCE OF APPLICANT

26-05-2026

EVIDENCE OF APPLICANT

19-05-2026

EVIDENCE OF APPLICANT

07-05-2026

EVIDENCE OF APPLICANT

Final Orders / Judgements

01-06-2026
JUDEGEMENT

The court dismissed the mother's independent application seeking custody of her 9-year-old daughter under Section 21 of the Protection of Women from Domestic Violence Act as legally unmaintainable, holding that Section 21 permits only temporary custody orders as interim relief within a main proceeding under Section 12, not as standalone applications. However, the court granted the mother liberty to file a fresh interim application for temporary custody within the pending main Section 12 proceeding, ensuring procedural compliance while protecting her substantive rights. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

The court dismissed the mother's independent application seeking custody of her 9-year-old daughter under Section 21 of the Protection of Women from Domestic Violence Act as legally unmaintainable, holding that Section 21 permits only temporary custody orders as interim relief within a main proceeding under Section 12, not as standalone applications. However, the court granted the mother liberty to file a fresh interim application for temporary custody within the pending main Section 12 proceeding, ensuring procedural compliance while protecting her substantive rights. This case analysis is maintained by casestatus.in based on publicly available court records.

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