Judgment

Rajnesh Oswal, J.—The residence order dated 08.07.2020 passed by Sub-Judge (Forest Magistrate), Srinagar (hereinafter referred to be as the Trial Court) was challenged by the petitioners in an appeal and the said appeal was also dismissed by learned 2nd Additional Sessions Judge, Srinagar (hereinafter referred to be as the Appellate Court) vide order dated 29.09.2020.

2. Through the medium of this petition under section 482 Cr.P.C, the petitioners have assailed the order dated 29.09.2020 passed by the appellate court on the ground that the appellate court had only heard the arguments on the maintainability of the appeal filed by the petitioners but had not heard the argument on the merits of the case. Besides raising this ground, the petitioners have also contended that the respondents have not placed on record any material to substantiate the allegations of domestic violence. Both the trial court as well as the appellate court, have failed to take notice about the fact that the application was filed after seven years, respondent No. 1 left the company of petitioner No. 1 and the appellate court has wrongly held that the rigors of limitation is not applicable to the procee