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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
YARENJUNGLA LONGKUMER
Sourav Sethia – Appellant
Versus
Sapna Bothra – Respondent
| Table of Content |
|---|
| 1. factual background of marriage and visa. (Para 2 , 3 , 4 , 5) |
| 2. domestic violence claim and nature of allegations. (Para 6 , 7) |
| 3. arguments about respondent's claims and domestic relationship. (Para 8 , 9) |
| 4. court's analysis of lack of specific allegations. (Para 10 , 11 , 12 , 14) |
| 5. conclusion on quashing the domestic violence case. (Para 15 , 16) |
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
1. Heard Mr. K Jain, learned counsel for the petitioner. Also heard Mr. J.K Bhuyan, learned counsel for the respondent No. 1.
2. The present application has been filed under Section 482 of the Cr.P.C read with Article 226 of the Constitution of India praying for quashing and setting aside of the Domestic Violence case No. 76 of 2023 filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act of 2005 for brevity), pending in the Court of Ld. Judicial Magistrate First Class, Kamrup (M), Guwahati
3. It is the case of the petitioner that the marriage of petitioner no. 1 and the respondent No. 1 were solemnized on 09.05.2022 as per Hindu rituals and customs at Guwahati and it was agreed upon between the parties that as soon as the U
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