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2016 Supreme(Ori) 838

S.K.SAHOO
Giridhari Nath – Appellant
Versus
Mamitarani Sutar – Respondent


Advocates Appeared:
For the Petitioner: Smt. Umarani Panda Ramakanta Pradhan
For the Opp. Party : M/s. Susanta Kumar Dash Ananga Kumar Otta Arunima Dhalsamanta Biswa Prakash Dhal Swetlana Das

JUDGMENT :

S. K. Sahoo, J.

Being dissatisfied by the order dated 04.04.2016 passed by the learned S.D.J.M., Bhubaneswar in C.M.C. No. 54 of 2016 in rejecting the petition dated 19.03.2016 challenging maintainability of the proceeding under the Protection of Women from Domestic Violence Act, 2005 (hereafter “P.W.D.V. Act”) instituted by the opposite party Mamitarani Sutar which was confirmed by the learned Sessions Judge, Khurda at Bhubaneswar in Criminal Appeal No. 60 of 2016 vide order dated 23.07.2016, the petitioner Giridhari Nath has preferred this revision petition.

2. The opposite party filed an application under section 12 of the P.W.D.V. Act against the petitioner in the Court of learned S.D.J.M., Bhubaneswar which was registered as C.M.C. No. 54 of 2016 praying for a direction to the petitioner to pay compensation of Rs.50,00,000/-(rupees fifty lakhs) to her for the act of domestic violence and further to pay monthly maintenance of Rs.25,000/-(rupees twenty five thousand).

It is the case of the opposite party that she is the married wife of the petitioner and their marriage was solemnized at Laxminarayan Temple, Bahanaga, Balasore on 02.12.2002 in accordance with Hindu rit































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