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2023 Supreme(Del) 337

SWARANA KANTA SHARMA
Ashok Kumar – Appellant
Versus
Neetu – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amit Kumar.
For the Respondent: Mr. Rajan Kumar Prasad and Mr. Rajeev Kumar.

JUDGMENT :

Swarana Kanta Sharma, J.

1. The present revision petition under Section 397read with Section 401of the Code of Criminal Procedure, 1973 (“Cr.P.C.”) has been filed by petitioner assailing the order dated 05.08.2022 passed by learned Additional Sessions Judge-03, South District, Saket Court, New Delhi (“Appellate Court”) in the matter of “Ashok Kumar vs. Neetu” in appeal C.A. No. 54/2022 vide which the challenge to order dated 09.02.2022 passed by learned Metropolitan Magistarte-04, Mahila Court-South, Saket Courts, New Delhi (“Trial Court”) in CT No. 317912020 tilted as “Neetu Vs. Ashok Kumar & Ors.” was dismissed.

2. The brief facts which have given rise to filing of the present revision petition are that respondent herein is the complainant/wife in a petition filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (“DV Act”) which she had filed against the husband/petitioner herein. The respondent had also filed an application under Section 23 of the DV Act against the petitioner for grant of interim maintenance. The respondent had alleged emotional psychological and physical cruelty against the present petitioner and had also pleaded that she wa

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