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2018 Supreme(Cal) 178

SHIVAKANT PRASAD
In the matter of : Kuran Nandi – Appellant
Versus
Kamana Nandi – Respondent


Advocates Appeared:
For the Petitioners: Mr. Malay Bhattacharjee, Mr. Soumyajit Das Mahapatra, Mr. S. Ghosh.
For the Respondents: Mr. Soumik Ganguly, Mrs. Faria Hossain.

JUDGMENT :

1. This application under section 482 read with section 401 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated May 31, 2017 passed by the learned Sessions Judge, Bankura in Criminal Appeal No. 18 of 2016 thereby reversing the order dated July 25, 2016 passed by the learned Judicial Magistrate, 3rd Court, Bankura in Misc. Case No. 93 of 2015 under section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the “said Act”) , inter alia, on the grounds that the learned Appeal Court failed to consider that neither the relationship between the parties is one of the marriage nor in the nature of marriage has been established from any of the evidence from which the appeal court below is empowered to pass such an order and accordingly the petitioner has assailed the order impugned not sustainable in the eye of law as it would appear from the claim made by the Opposite Party no. 1, alleged ‘aggrieved person’ that she claimed herself to be the wife of the petitioner and prayed for relief to the tune of Rs. 5000/- per month and further pointed out that the petitioner got married with the Opposite Party No.













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