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2018 Supreme(Gau) 724

MIR ALFAZ ALI
Birobrata Paul S/o Bijoy Ranjan Paul – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. N. Sarmah.
For the Respondent: Mr. T.R. Sarmar.

JUDGMENT AND ORDER :

1. Heard Mrs. K. Deka, learned counsel for the petitioners. Also heard Mr. D.P. Borah, learned counsel representing the respondents.

2. This petition under Section 482 Cr.P.C. has been filed praying for setting aside the orders issuing process and the proceeding in Misc. Case No. 47/2016 under Section 12 of the Domestic Violence Act, 2005 pending in the Court of Sub-Divisional Judicial Magistrate (S) No. 1, Kamrup (M), Guwahati.

3. The respondent No. 2 herein is the wife of petitioner No. 1. The respondent No. 2 filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter, for short, the Domestic Violence Act) alleging domestic violence and seeking relief of residence order under Section 19, monetary relief under section 20, compensation order under section 22 as well as interim relief under section 23(2) of the Domestic Violence Act. On receipt of the application the learned Judicial Magistrate by order dated 07.06.2016 issued notice to the respondents/petitioners and also called for a domestic incident report from the concerned officer fixing the next date on 21.06.2016. On the next date fixed i.e. on 21.06.2016









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