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2017 Supreme(Chh) 411

RAJENDRA CHANDRA SINGH SAMANT
Ajay Kumar Reddy, S/o. Parmanand Reddy – Appellant
Versus
State Of Chhattisgarh, Through Distt. Magistrate- Durg, Police Station – Respondent


Advocates Appeared:
For the Petitioners:Mr. Manoj Paranjpe, Advocate
For the State :Mr. Anil S. Pandey, Govt. Advocate, Mr. Raj Kamal Singh, Advocate

ORDER :

Heard.

1. This petition under Section 482 of Cr.P.C. has been filed with prayer to exercise inherent jurisdiction for quashing the impugned order passed by the learned Additional Sessions Judge, Durg in Criminal Appeal No.98/2015 dated 16.11.2015 maintaining the order dated 04.09.2015, passed by the Court of J.M.F.C., Durg in dismissing the preliminary objection raised by the petitioners.

2. Petitioners have raised the question, whether the protection provided under Protection of Women from Domestic Violence Act, 2005 (herein after referred to as 'the Act of 2005') is available to a divorcee wife.

3. It is submitted that marriage of petitioner no.1 and respondent No.2 was solemnized on 25.06.1994 and due to differences between them, respondent No.2 left her matrimonial house on 20.10.2006 and thereafter a decree of divorce was granted by the competent Court on 15.04.2010, which is an admitted fact.

4. Respondent No.2 filed an application on 10.12.2014 before the Court of Judicial Magistrate First Class, Durg under the provisions of Section 12, 16, 18, 19, 20 and 22 of the Act of 2005 submitting that after the decree of divorce dated 15.04.2010, respondent No.2 along with her chi





































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