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2019 Supreme(SC) 657

L.NAGESWARA RAO, M.R.SHAH
SANGITA SAHA – Appellant
Versus
ABHIJIT SAHA – Respondent


Advocates appeared:
For the Appellant : P.S. Datta, Sr.Adv., Ms. Anwesha Saha, Fuzail Ahmad Ayyubi, Advs.
For the Respondent: Subhasish Bhowmick, Goldy Goyal, Ms. Meera Kaura Patil, Advs.

ORDER :

1. The petitioner is the wife of the respondent No.1. The respondent Nos.2 and 3 are the Father-in-law and Mother-in-law. Respondent No.4 is the Sister-in-law, who is married. The petitioner filed a case under the Protection of Women from Domestic Violence Act, 2005 seeking right of residence in the share household and for maintenance to herself and her daughter. The Magistrate dismissed the case filed by the petitioner dated 18.5.2013. The appeal filed by the petitioner was allowed by the District Judge on 23.6.2014 by holding that the petitioner has a right to accommodation in the share household and maintenance of Rs. 2,500/- for herself and Rs. 4,000/- for the child.

2. The respondent filed a revision before the High Court, which was allowed. The High Court set aside the order passed by the learned District Judge in the appeal by observing that the petitioner was unable to establish any incident of torture or demand of money or physical violence. In that view of the matter, the High Court was of the opinion that the petitioner was not entitled to any order in her favour. It is pertinent to state that the High Court held that the petitioner was entitled to claim residence





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