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2018 Supreme(Gau) 641

MIR ALFAZ ALI
T. Armstrong Changsan – Appellant
Versus
Neikol Changsan – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.J. Barua
For the Respondent: Mr. H.S. Kalsi

JUDGMENT & ORDER :

1. This criminal petition under Section 482 CrPC is filed praying for quashing the proceeding under Section 12 of the Protection of Woman from Domestic Violence Act, 2005 (D.V. Act for short) in Misc. Case No. 50M/2014 pending in the Court of the learned Sub-divisional Judicial Magistrate (SDJM), No. 1, Kamrup, seeking relief under Section 18, 19 and 20 of the Act.

2. The brief facts leading to the present petition are that the respondent No. 2 and petitioner were married in the month of May, 1994 as per Karbi rites and customs. They could not pull on well together, consequently, the marital boat moved into rough weather and ultimately the relationship broke down resulting in separation in the year 2010. There was a decree of divorce passed on 23.02.2011 by the Court of Dima Hasao Autonomous Council Court in T.S. No. 2/2011. The said decree of divorce was challenged by the respondent No. 2 in appeal. However, later on, the appeal was withdrawn and the decree of divorce attained finality.

3. The petitioner was residing at Pretoria in South Africa in connection with his employment, where he received an e-mail, whereby the petitioner was directed to appear before the S





















































































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