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R.S.CHAUHAN
Om Prakash – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Arvind Gupta, Advocate.
for the State: Ms Alka Bhatnagar, Public Prosecutor.
For the Respondent:Laxmi Kant Sandilya, Advocate.

JUDGMENT

R.S. Chauhan, J.—Aggrieved by the order dated 7.2.2009, passed by the Additional Chief Judicial Magistrate No.2, Jaipur District, Jaipur, whereby the learned Magistrate has allowed the application of the respondent-wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (‘the Act’, for short) and aggrieved by the order dated 23.10.2010, passed by the Additional District and Session Judge No. 2, Jaipur District Jaipur, whereby the learned Judge has upheld the former order, the petitioner has approached this Court.

2. The brief facts of the case are that the respondent-wife filed an application under Section 12 of the Act against the petitioner-husband before the trial court wherein she claimed that she got married with the petitioner 12 years back in Jaipur. But ever since her marriage, her in-laws and husband have tortured her for dowry demands. She further claimed that due to the torture committed on her, she is living separately from the petitioner since last seven years. Thus, she prayed for maintenance. The respondent- husband filed reply to the application and denied the contents thereof. After hearing both the parties, vide order dated 7.2.2

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