Kumari Pushpa Vs. Smt Santosh - Court Judgment

Excerpt:

.....to appear.;revision dismissed. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. m.c. jain, j.1. heard learned counsel the parties.2. the petitioner is aggrieved against the direction given by the learned district judge for the appearancet in the court on 17. 9. 82 for reconcilliation. the allegation against the petitioner is that the non-potitioner no. 2 ram niwas is living in adultry with the petitioner. the petitioner's stand is that it is not necessary for her to appear in court for reconciliation. it may on stated the though the court has directed the petitioner to appear, but it is ther sweet-will to appear or not to appear. if the petitioner chooses not to appear before the court, the petitioner cannot be compelled to appear. the reconciliation proceedings can be drawn between the parties to the marriage, that is smt. santosh and shri ram niwas.3. with the above observations, this revision petition is dismissed summarily.