ORDER :

Heard Mr. M.P. Choudhury, learned counsel for the petitioners and Mr. K. Gogoi, learned Central Government Counsel for the respondent no. 1.

2. The instant writ petition has been preferred by the two petitioners to invoke the extra-ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India for assailing an order dated 07.10.2022 passed by the Court of learned Metropolitan Magistrate, Traffic Court no. 5, Bangalore [‘the Court of learned MMTC-V, Bangalore’, for short] whereby the learned Court issued notices to the respondents arraigned in a petition filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 [‘the D.V. Act, 2012’, for short] which has been registered and numbered as Crl.Misc. no. 153/2022. The two petitioners herein have been arraigned as the respondent no. 2 and the respondent no. 3 in Crl.Misc. no. 153/2022, which has been instituted by the party-respondent no. 3 impleaded herein as the complainant/aggrieved person.

3. It is the case of the petitioners that the petitioner no. 1 and the petitioner no. 2 are the mother and the younger brother respectively of one Sri Trideev Borgohain. It is projected that the marriage of Sri Trideev Borgohain was solemnized with Smti. Deepanjali Borah [hereinafter referred to as the aggrieved person] i.e. the complainant in Crl.Misc. no. 153/2022, under the provisions of Special Marriage Act before the office of the Registrar of Marriages, Dibrugarh on 07.10.2016.

4. It is mentioned in the application under the D.V. Act, 2012 that after solemnization of the marriage, the aggrieved person and Sri Trideev Borgohain i.e. the husband of the aggrieved person started residing at Bangalore in the State of Karnataka. Alleging commission of domestic violence, the aggrieved person has instituted the application under Section 12 of the D.V. Act, 2005 before the Court of learned MMTC-V, Bangalore arraigning her husband, Sri Trideev Borgohain as the respondent no. 1 and seeking a number of reliefs :-

[a] Prohibit the Respondent from committing any act of Domestic Violence;

[b] Prohibit the Respondent, his family members or any/all persons acting on behalf of the Respondent in aiding or abetting in the commission of acts of domestic violence;

[c] Declare that the Petitioner has the right to reside in the shared household owned by the Respondent, situated at Flat No. 144,Tower B-2, Akshaya Nagar Main Road, DLF Westland Heights, Begur, Bangalore 560 068 as relief claimed under Section 17 of the Act;

[d] Prohibit the Respondent from alienating the marital house owned by the Respondent located at Flat No. 144, Tower B-2, Akshaya Nagar Main Road, DLF Westland Heights, Begur, Bangalore -560 068 without leave of this Hon'ble Court as per section 19 of the Act;

[e] Pass an Order directing the Respondents to pay a sum of Rs. 40,00,000/-for the mental agony, cruelty, physical and psychological torture the Respondent has meted out the Petitioner throughout these years of marriage, and also during the duration of the marriage under Section 22 of the Act;

[f] Pass such other and further reliefs for monetary relief and other relief to the Petitioner such as her costs, Counsel's fee and such further or other reliefs as this Hon'ble Court deems fit or the nature of the case requires.

5. On registration of the complaint as Crl.Misc. no. 153/2022 on 06.09.2022, the learned MMTC-V, Bangalore posted the case on 17.09.2022 for hearing and thereafter, on 07.10.2022 for hearing. The Court of learned MMTC-V, Bangalore after perusal of the materials on record, proceeded to issue notice to the respondents on the main petition as well as on the interlocutory applications by the impugned order dated 07.10.2022. Aggrieved thereby, the petitioners have approached this Court by the instant writ petition under Article 226 of the Constitution of India.

6. Mr. Choudhury, learned counsel for the petitioner has submitted that since as per the application filed unde