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2021 Supreme(Del) 971

AMIT BANSAL
Mamta Bhardwaj – Appellant
Versus
Vinod Kumar Bhardwaj – Respondent


Advocates appeared:
Mr. L.K. Singh with Ms. Saira Parveen, Advocate, for the Appellant; Mr. Sanjeev Salhan, Advocate, for the Respondent.

JUDGMENT

1. The present petition under Article 227 of the Constitution of India impugns the order dated 5th March, 2020 passed by the Additional District Judge-1 (South East), Saket Courts, New Delhi in civil suit bearing No.CS-DJ-1684 of 2017, whereby the application filed by the petitioner wife under Section 26 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'DV Act') has been dismissed.

2. Notice was issued in the petition on 6th April, 2021. The counsel for the petitioner wife has filed written submissions along with judgments in support of his submissions. However, the counsel for the respondent husband has preferred not to file any written submissions. Arguments on behalf of the parties were heard on 11th October, 2021, when the judgment was reserved.

3. Facts in brief leading to the present petition are set out hereinbelow:

3.1 The petitioner wife had filed a suit under the Hindu Adoptions and Maintenance Act, 1956 as an indigent person, claiming maintenance before this Court. The said suit was transferred to the Family Courts and vide judgment dated 28th March, 2018 of the Principal Judge, Family Courts, Shahdara, Karkardooma, Delhi i

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