NARAYAN DHINGRA, J.

1. By this petition the petitioners have assailed orders dated 30th November, 2009, and 6th November, 2009, passed by learned Metropolitan Magistrate (MM).

2. Brief facts relevant for the purpose of deciding this petition are that the respondent Kaushar Bano was married to Zahid Khan, brother of the three petitioners on 16th March, 1994. Zahid Khan died on 14th November, 2002, at Delhi. After his death, Kaushar Bano filed an FIR on 26th July, 2003 against the petitioners and her mother-in-law and other relatives making various allegations of cruelty, dowry demand etc. In this FIR, she gave her residence as House No. 5, Gali Masjidwali No. 1, Babarpur, Shahadara, Delhi - 32.

3. After coming into force of The Protection of Women from Domestic Violence Act (in short Domestic Violence Act), she filed an application u/s 12 of Domestic Violence Act on 6th August, 2007, and also made an application for interim relief u/s 23 of Domestic Violence Act seeking right of residence in the property where petitioners were living i.e. District Bulandshahar, U.P.

4. The Court of MM passed an order dated 19th April, 2008, observing that the property, in which right of reside