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2014 Supreme(Kar) 160

S.N.SATYANARAYANA
G. A. Ferris – Appellant
Versus
Svetlana Alexandrovna Dobrochasova Ferris – Respondent


Advocates Appeared:
For the Petitioner:Yeshu Mishra, Advocate.
For the Respondents:R1, Sunita for Narendra D.V. Gowda, R2, Ian Lewis for Michael Ferris, Advocates.

Judgment

1. Respondent No.2 in Crl. Misc. No. 149/2012 on the file of Addl. Chief Judicial Magistrate, Bangalore District, has come up in this criminal petition impugning the concurrent finding of both the Courts below in holding that the house owned by petitioner herein is a shared house as defined under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005 (for short, 'the Act').

2. The brief facts leading to this criminal petition are as under: -

The petitioner herein, Mrs. G. A. Ferris, an elderly lady, aged about 82 years, is the mother of 2nd respondent Michael Gerard Ferris and mother-in-law of 1st respondent -Svetlana Alexandrovna. The 3rd respondent is the legally wedded wife of 2nd respondent, who is resident of Dubai in United Arab Emirates pursuing his avocation. The petitioner, who is mother-in-law of 1st respondent, is residing at Bangalore in a house belonging to her, which is bearing No. 179 situated at E.C.C. Road, White Field, Bangalore-560 066.

3. The 1st respondent herein, complainant in Crl. Misc. No. 149/2012, initiated proceedings under Section 12 of the Act. In the said proceedings, she has contended that: she is legally wedded wife of 2nd

































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