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2017 Supreme(Ori) 131

B.K.NAYAK
Ganesh Moharana – Appellant
Versus
Sabitri Moharana – Respondent


Advocates Appeared:
For the Petitioners: Prafulla Kumar Jena, B.B. Behera, P. Rout
For the Opposite Party : Rabindra Kumar Prusty, D. Das, H.L. Jena

ORDER :

Heard learned Counsel for the parties and perused the case record.

2. Petitioners have filed this application under Section 482 Cr.P.C. challenging the order dated 16.02.2016 passed by the learned S.D.J.M. (Sadar, Cuttack in I.C.C. Case No. 119 of 2016 taking cognisance of offence under Section 31(1) of the Protection of Women from Domestic Violence Act, 2005 (in short 'PWDV Act') and directing issuance of summons to the petitioners.

3. Opposite Party has initiated a proceeding claiming several reliefs under the provisions of the PWDV Act in the Court of learned SDJM (Sadar), Cuttack, which has been registered as CRLMC No. 304 of 2015. She had also filed applications for some interim reliefs, which were considered and disposed of by order dated 05.01.2016 whereby learned SDJM directed the husband (Petitioner No.1) to pay a sum of Rs.10,000/- per month towards maintenance of Opposite Party and her minor son. The order further directed the respondents therein to provide separate accommodation to the Opposite Party and her minor son in the shared household. Similarly, interim order was also passed directing the respondents therein not to commit, aid, or abet the commission of any











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