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2016 Supreme(Guj) 1558

S.G.SHAH
Mumtazben – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bhavini H. Jani
For the Respondents: K.P. Raval

JUDGMENT :

S.G. Shah, J.

1. Heard Ld. Advocate Miss Bhavini H. Jani for the Applicant and Ld. Advocate Mr. Gaurav Chudasama for Respondent Nos. 2 and 3, whereas Ld. A.P.P. Mr. K.P. Raval for Respondent No. 1 State, which is a formal party since dispute is between wife and her in-laws under Domestic Violence Act, 2005.

2. The petitioner wants to challenge the judgment and order dated 16th September, 2013 in Criminal Appeal No. 112/2012 passed by the Additional Sessions Judge of Bhavnagar. By such impugned judgment the appeal filed by the respondent No. 2 and 3 herein is allowed and thereby the judgment and order dated 29th November, 2012 by the Chief Judicial Magistrate, Bhavnagar in Miscellaneous Application No. 963/2010 is quashed and set aside by allowing the appeal. Thereby the order of the Magistrate granting several reliefs under The Domestic Violence Act in the form of restraining the respondent from harassing the petitioner and to pay maintenance to the petitioner so also compensation has been quashed and set aside. It seems that the Sessions Court has considered that when the petitioner is widow, she is not entitled to reliefs under the Domestic Violence Act.

3. However, at pre





















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