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2022 Supreme(Gau) 713

ROBIN PHUKAN
GITIKA BARMAN D/O LATE MUKUNDA BARMAN – Appellant
Versus
SANJEEV BARMAN S/O SHRI UPENDRAJIT BARMAN – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: J.I. BORBHUIYA.
For the Respondent: P. THAKURIA.

JUDGMENT :

ROBIN PHUKAN, J.

1. This petition, under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, is filed by Smt. Gitika Barman, for quashing and setting aside the Judgment and Order dated 19.11.2019, passed by the learned Sessions Judge, Nalbari in Criminal Appeal No. 06/2018. It is to be mentioned here that vide impugned Judgment and Order dated 19.11.2019, learned Sessions Judge, Nalbari had set aside the Judgment and Order dated 22.12.2017, passed by the learned Addl. Chief Judicial Magistrate, Nalbari in Misc. Case (DV) No. 654/2015, lodged under Sections 12/18/19/20/22/23 of the Protection of Women from Domestic Violence Act, 2005, where by the respondent (husband of the petitioner) was directed to pay a lump sum relief i.e. Rs. 1,75,000/- under the said Act.

2. The factual background, leading to filing of this petition, is briefly stated as under:

    “The petitioner had filed an application under Section 12/18/19/20/22/23 of the Protection of Women from Domestic Violence Act, 2005, against the respondent and his father, mother and brother, alleging inter-alia amongst others that her marriage was solemnized with the present respondent as per Hindu rites

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