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2009 Supreme(Del) 1012

S.RAVINDRA BHAT
Master Ryan Thru Its Mother Mrs. Ridhima Juneja – Appellant
Versus
P. N. Juneja & Sons HUF – Respondent


Advocates appeared:
Ms. Geeta Luthra, Sr. Advocate with Mr. Jatin Sehgal
Mr. Samrat Nigam, Advocate Ms. Sima Gulati, Advocate for Def-No2.

JUDGMENT (S. RAVINDRA BHAT)

1. This order will dispose of I.A. no. 12605/2007 (of the plaintiffs under Order XXXIX Rule 1 and 2), I.A. no. 920/2008 (of the first, third and fourth defendants under Order XXXIX Rule 4) and I.A. no. 8225/2009 (of the third and fourth defendants under Order XXXIX Rule 4).

2. The first plaintiff is the minor son of the second plaintiff (hereafter, “Ridhima”) and the second defendant (hereafter, “Deven”). The marriage between Ridhima and Deven was solemnized on 31.01.2004 and the first plaintiff was born in November, 2005. Ridhima alleges that she and her minor child were abused and assaulted in her matrimonial home by her In-laws and husband i.e. the defendants, and after one such incident on 14.07.2007 she was compelled to leave her matrimonial home. She filed a complaint under the Protection of Women from Domestic Violence Act, 2005 (the 2005 Act) before the Ld. Metropolitan Magistrate, Delhi on 16.08.2007, alleging that she was thrown out of her matrimonial home, i.e. H-130, Ashok Vihar, Phase-1, New Delhi 110054 (hereafter, “the premises”).

3. After considering the complaint, the Ld. Metropolitan Magistrate in order dated, 05.09.2007, while granting













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