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2015 Supreme(HP) 635

TARLOK SINGH CHAUHAN
Veena Devi – Appellant
Versus
Desh Raj – Respondent


Advocates:
Advocate Appeared:
For the petitioner:Ms. Sunita Sharma, Advocate.

Judgment :

Tarlok Singh Chauhan, J.

The moot question involved in the present petition is as to whether the petitioner can enforce the orders passed under the provisions of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘the Act’) against the so called legal heirs of her deceased husband Desh Raj.

2. Petition under Section 12 of the Act was filed by the petitioner against her husband, Desh Raj, and the following order came to be passed:-

“i) I hereby pass the Protection order in favour of the applicant (aggrieved person) and prohibit the respondent from committing any act of Domestic Violence in future;

ii) Respondent shall not interfere into the room as provided to the applicant as the case may be without the consent of the applicant (aggrieved person);

iii) Respondent shall not disturb or interference with peaceful enjoyment of residence;

iv) Both the parties shall use as common to all the surrounding and foot path peacefully;”

3. The petitioner not being satisfied with the order so passed, preferred an appeal under Section 29 of the Act, which came to be allowed by the learned Additional Sessions Judge, Fast Track Court, Hamirpur who vide his order date































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