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2011 Supreme(Raj) 1605

MEENA V.GOMBER
Mohd. Atik – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Revisionist-petitioner:Gaurav Gupta, Advocate.
For the State:S.K. Mahala, Advocate.

JUDGMENT

1. - Revisionist has filed this revision petition under Section 397/401 of the Code of Criminal Procedure (hereinafter for short 'Cr.P.C.') praying therein that the order dated 30.6.2010 passed by Additional District and Sessions Judge No.5, Jaipur city, Jaipur in appellate jurisdiction setting aside the order of Addl. Chief Judicial Magistrate No.10, Jaipur city, Jaipur dated 17.12.2009 passed in application no. 17/2009 be set aside.

2. Revisionist is the husband of non-petitioner no.2 and father of the minor child. Revisionists no.2 to 9 are the father, mother, brothers, sisters of revisionist. Non-petitioner had filed a petition under Sections 12, 18, 19, 22 and 22 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'said Act') for grant of maintenance rent of residence, monetary reliefs, compensation and protection from domestic violence, in the court of ACJM No.10, Jaipur city, Jaipur.

3. Non-petitioner no.2 also filed an application under Section 23 of the said Act in the pending case seeking ad-interim order.

4. Revisionist no.1 did not appear despite service of notices whereas revisionists 2 to 9 who were all his family members livi















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