S.J. Mukhopadhaya, CJ.—The petitioner has challenged the proceeding in Criminal Miscellaneous Application No. 552 of 2009 initiated under Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘the Domestic Violence Act’) and prayed to declare Section 26(1) of the Act ultra vires of Article 20 of the Constitution of India.

2. On hearing the counsel for the petitioner, as no prima facie case was found to have been made out, no separate notice was issued on the respondents or learned Advocate General.

3. 1st petitioner - Bipin Prataprai Bhatt (husband) married with the 3rd respondent - Kiranben Bipinbhai Bhatt (wife). 2nd and 5th petitioners are in-laws of 3rd respondent. The marriage took place on 04.06.1998, but the same did not proceed smooth.

4. According to petitioners, the 1st petitioner has already taken divorce from the 3rd respondent by an agreement dated 06.12.1999 and thereafter he has married to one Meena on 17.01.2000, who is the sister of 3rd respondent (wife).

5. It appears that a proceeding under Section 125 was filed by the wife for maintenance, wherein the J.M.F.C., Gandhinagar, by order dated 19.01.2004, awarded maintenance of Rs. 5