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2023 Supreme(HP) 284

JYOTSNA REWAL DUA
Sanjeev Kumar – Appellant
Versus
Sushma Devi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Kulbhushan Khajuria.
For the Respondents: Neeraj Gupta, Ajeet Jaswal.

JUDGMENT :

JYOTSNA REWAL DUA, J.

1. Learned Trial Court dismissed an application moved by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005, primarily on the ground that the complainant (respondent herein) could not prove that she was legally wedded wife of the present petitioner. Learned Appellate Court allowed the respondent’s appeal and remanded the matter to the learned Trial Court with a direction to give an opportunity to the parties to lead further evidence and for deciding the matter afresh. The petitioner (alleged husband) has moved this petition against the order of learned Appellate Court.

2. Facts that need to be noticed for the purpose of deciding this petition are:

    (i) Respondent No. 1-Sushma Devi, instituted an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the ‘Act’) on 13.05.2016 for providing monetary relief, residence & protection order and compensation. She alleged that marriage between her and the present petitioner was solemnized on 01.08.1999 according to Hindu rites and ceremonies. The petitioner and his parents (proforma respondents No. 3 and 4 herein

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