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2024 Supreme(All) 45

JYOTSNA SHARMA
Naimullah Sheikh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Khurshed Alam
For the Respondent: G.A.,Mohd. Warish Khan

JUDGMENT :

Jyotsna Sharma, J.

1. Heard Sri Khurshed Alam, learned counsel for the petitioners, Sri Mohd. Warish Khan, learned counsel for the respondent nos. 2, 3 and 4 and learned AGA for the State.

2. This petition under Article 227 of the Constitution of India has been filed by parents of three daughters who are respondent nos. 2, 3 and 4, challenging the order dated 30.05.2022 passed by the Judicial Magistrate, F.T.C., Court No. 2, Deoria in Case no. 4782 of 2020 (Hina and Others vs. Naimullah and Another) filed under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘the DV Act’) and further to challenge the order dated 08.12.2022 passed in Criminal Appeal No. 40 of 2022, by which the order of the trial court was affirmed.

3. The facts relevant for the purpose of this petition are as below:-

    (i) Km. Hina, Km. Tabassum and Km. Tarannum filed a case under section 12 of the DV Act, claiming maintenance with the submissions in brief that their real mother Naseema Khatun died in February 2015 and that their father married another woman during the life time of their deceased mother and that now their father and step-mother have been mistreating, physica

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