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2009 Supreme(Ori) 314

M.M.DAS
KURAARI BEHERA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates: D.P.PATTNAIK, G.SAHU, J.R.SAHOO, M.K.MALIK, SANGRAM KU.SAHOO,

JUDGMENT

( 1 ) "amittere Legem Terrce" (To be put out of the protection of the law) is the grievance of the petitioner in this application under Section 482, Cr. PC.

( 2 ) THE petitioner is the daughter-in-law of the opposite party No. 2 married to one of the sons of the opposite party No. 2, namely, ramesh Chandra Behera. who is stated to be born through the first wife of the opposite party No. 2. The opposite party Nos. 3 and 4 are the younger brothers of the husband of the petitioner being the sons of opposite party no. 2 through his second wife.

( 3 ) ALLEGING that the petitioner and her children were tortured physically and mentally by the opposite parties and her ornaments were forcibly removed from her by them and she was thrown out of her matrimonial house on 6-11-2006 along with her three minor children in the absence of her husband, she filed an application before the learned J. M. F. C. Pattamundai under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act 2005' ). In the said complaint petition numbered as I. C. C. Case No. 152 of 2006, the petitioner sought for the following reliefs. "i) Protection order u/s. 18 pro

























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