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2021 Supreme(HP) 787

SANDEEP SHARMA
Anita Kumari – Appellant
Versus
Praveen Bhatia, S/O Sh. Goverdhan Dass – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. S.C. Sharma, Senior Advocate With Mr. Arvind Negi, Advocate
For the Respondent:Mr. Ramesh Sharma, Advocate

ORDER :

Instant criminal revision petition filed under Sections 397/401 of Cr.PC, lays challenge to order dated 24.10.2018, passed by the learned 2018/17, affirming the order dated 30.6.2016, passed by the learned JMFC Shimla in case No.57A-4 of 2018, titled Anita v. Praveen and Ors, whereby an application filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) (in short “the Act”) came to be allowed.

2. Precisely, the facts of the case, as emerge from the record, are that marriage inter-se petitioner No.1 and respondent was solemnized on 20/21.6.2010 as per Sikh/Hindu Rites and Customs and out of their wedlock, two daughters are born i.e. petitioners No. 2 and 3. Since certain differences cropped up inter-se petitioner No.1 and the respondent, they were unable to live together for quite long and since 30.9.2015, they have been living separately. Petitioners No. 2 and 3 i.e. daughters of the petitioner No.1 and the respondent are presently residing with the respondent pursuant to order passed by the learned Principal Judge, Family Court, since 13.7.2019. Petitioner No.1 filed an application under Sections 12 and 23 of the Act, praying therein t

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