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2010 Supreme(Del) 597

SHIV NARAYAN DHINGRA
Sharad Kumar Pandey – Appellant
Versus
Mamta Pandey – Respondent


Advocates Appeared:
Mr. S. Biswajit Meitei Advocate
Ms. Liyi Marli Noshi Advocate

JUDGMENT

1. This petition under Section 482 Cr. P.C and under Article 227 of the Constitution of India has been preferred by the petitioner for quashing/ setting aside the order and judgment dated 3rd November 2009 passed by learned Additional Sessions Judge, Delhi dismissing the revision petition of the petitioner against an order passed by learned Magistrate taking cognizance of a complaint under Section 12 of The Protection of Women from Domestic Violence Act, 2005 (in short, "the Act").

2. The contention raised by the learned counsel for the petitioner before the court of Magistrate and before the court of learned ASJ was that the marriage between the parties was solemnized in Lucknow on 22nd February 2004. Before marriage, the complainant/ respondent was living in Lucknow at her parental house and was doing Ph.D. research work in Lucknow under supervision of Mr. R.C. Tripathi. After marriage, the respondent/wife remained at Lucknow, occasionally, she went to Shillong where petitioner i.e. husband of the complainant wife/ was posted. The incident of domestic violence, if any, had taken place in Lucknow and nothing happened at Delhi. However, the complaint against the petitioner
















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