2013 Supreme(Raj) 1046
SANDEEP MEHTA
Jakir Hussain – Appellant
Versus
State of Rajasthan Anr. – Respondent
Advocates:
For the Petitioners:Rohitash Singh, Advocate.
For the State: K.K. Rawal, Public Prosecutor.
JUDGMENT
1. - The instant misc. petition has been filed on behalf of the petitioners assailing the order dated 21.12.2011 passed by the learned Judicial Magistrate (First Class), Ladnu, Distt. Nagaur upon a complaint filed by the respondent No. 2 Nadira Bano under Section 12 of the Protection of Women from the Domestic Violence Act, 2005, whereby, the applicant Nadira Bano was granted protection, residence order and maintenance under the provisions of the Act and the order dated 28.8.2012 passed by the learned Addl. Sessions Judge, Didwana, Distt. Nagaur in appeal, whereby, the aforesaid order has been affirmed.
2. Learned counsel for the petitioners submits that admittedly the petitioner No. 1 Jakir Hussain had divorced the respondent No. 2 long back. He thus contends that in view of the provisions of Muslim Womens' Protection of Rights on Divorce Act, the respondent No. 2 being a divorced lady was not entitled to claim any relief from the petitioners under the Domestic Violence Act. Learned counsel thus prays that the order impugned deserves to be quashed and the misc. petition deserves to be allowed.
3. Heard learned counsel for the parties and perused the orders passed by the cou
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