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2007 Supreme(Chh) 544

L.C.BHADOO, SUNIL KUMAR SINHA
Neetu Singh – Appellant
Versus
Sunil Singh – Respondent


Advocates Appeared:
Shri Rahul Birtharey & Shri Sachin Singh Rajput, Advocates, for the Appellant.
Shri Anurag Dayal Shrivastava, Advocate, for the Respondent.

JUDGMENT

L.C. Bhadoo, J.

1. By this appeal under Section 19(1) of the Family Courts Act, 1984, appellant Smt. Neetu Singh has questioned legality and correctness of the order dated 15-6-2006 passed by the Judge, Family Court, Bilaspur on an application filed by the appellant under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act, 2005') whereby learned Judge, Family Court held that since application has been filed under Section 12 of the Act, 2005, which ought to have been filed before the Magistrate and the relief sought for falls under the jurisdiction of the Civil Court, therefore, it be returned to the appellant for filing the same before the competent Court having jurisdiction.

2. Brief facts necessary for the disposal of this appeal are that the appellant herein filed an application under Section 12 of the Act, 2005 read with Section 7 of the Family Courts Act, 1984, in the Court of Judge, Family Court, Bilaspur on 13-6-2006 with the averments that the appellant was married to respondent on 28-4-2003 as per the Hindu custom. Just after the marriage, her in-laws started treating her with inhuman, cruel and neglect behavio



















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