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2018 Supreme(Raj) 101

P.K.LOHRA
Khushi – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner in Criminal Revision No. 755 of 2017 and for respondent in Criminal Revision No. 23 of 2018:- Mr. D.N. Yadav and Mr. DLR Vyas, Advocates.
For the Respondent in Criminal Revision No. 755 of 2017 and for petitioners in Criminal Revision No. 23 of 2018:- Mr. Manoj Bohra, Advocate.
For the Respondent:- Mr. L.R. Upadhyay, Public Prosecutor.

ORDER :

P.K. Lohra, J.

These two revision petitions under Section 397/401 Cr.P.C. are arising out of common judgment dated 3rd of December, 2016, rendered by Additional Sessions Judge (Women Atrocities Cases) Jodhpur Metropolitan (for short, 'learned appellate Court') in cross appeals preferred by rival parties against order dated 6th of August, 2015, passed by Additional Chief Metropolitan Magistrate, Jodhpur Metropolitan (for short, 'learned trial Court'), and therefore, both are heard together and disposed of by a common order.

2. The facts apposite are that Miss Khushi and Miss Mahima, minor daughters of Smt Babita, filed a complaint before learned trial Court under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, 'Act of 2005') through their guardian grandfather Shri Bhanwar Singh claiming maintenance and other allowances besides other reliefs. Along with complaint under Section 12 of the Act of 2005, a separate petition was also laid under Section 23 of the Act of 2005 for claiming interim relief. It is, inter-alia, pleaded in the complaint under Section 12 as well as petition under Section 23 of the Act of 2005 that both the parents have desert











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