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2020 Supreme(Chh) 30

RAJENDRA CHANDRA SINGH SAMANT
MOHD ASHRAF KHAN – Appellant
Versus
NAJMA BANO – Respondent


Advocates Appeared:
K.A. Ansari, Advocate, Vipin Singh, Advocate, Rajesh Kumar Kesharwani, Advocate

JUDGMENT

Rajendra Chandra Singh Samant, J. - This revision has been brought challenging the legality, propriety and correctness of the order passed by the Learned Fourth Additional Sessions Judge, Bilaspur in Criminal Appeal No.49 of 2017 by which the order passed by the Judicial Magistrate First Class, Bilaspur dated 29.9.2015 was set aside and reliefs were granted to the respondent under the provisions of Protection of Women from Domestic Violence Act, 2005 (for short 'DV Act, 2005).

2. It is submitted by counsel for the applicant that the applicant got divorced with the respondent on 13.1.2009. The application under Section 12 of the DV Act, 2005 was filed by the respondent on 18.12.2012 and the learned JMFC passed the order dated 29.9.2015 rejecting the said application. The appeal filed by the respondent under Section 29 of the DV Act, 2005 has been erroneously allowed by the Appellate Court. It is further submitted by the applicant that the respondent being a divorcee did not have any locus standi to file the application under Section 12 of the DV Act, 2005. As the relationship between them has come to an end on 13.1.2009 and the respondent had started living separately; the r

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