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2021 Supreme(Tri) 8

S.G.CHATTOPADHYAY
Dipak Biswas, Son of Sri Dulal Biswas – Appellant
Versus
Aditi Kar (Biswas), Wife of Sri Dipak Biswas – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. B. N. Majumder, Sr. Advocate. Mr. S. C. Sen, Advocate.
For the Respondent:Mr. S. Ghosh, Addl. Publc Prosecutor. Mr. A. Acharjee, Advocate.

JUDGMENT :

1. Petitioner has challenged the judgment dated 02.05.2018 delivered in Criminal Appeal No. 29(2) of 2017 by the Sessions Judge, Gomati Judicial District, Udaipur affirming the judgment dated 05.06.2017 passed by the Judicial Magistrate, First Class, Udaipur, Gomati Judicial District in case No.CR(DV) 24 of 2016 whereby the learned trial Court passed a protection order in favour of the respondent wife of the petitioner under Section 18 of the Protection of Women from Domestic Violence Act, 2005 (DV Act, for short) prohibiting the petitioner from committing any act of domestic violence on his respondent wife and directing him to return her stridhan in terms of Sub Section (8) of Section 19 of the DV Act.

2. Brief facts of the case are as under:

Respondent-wife of the petitioner filed an application under Section 12 of the D.V. Act in a Court of the Chief Judicial Magistrate, Gomati Judicial District at Udaipur on 30.05.2016 alleging, inter alia, that her marriage with the petitioner was solemnized on 23.07.2014 and at the time of marriage her parents gave a sum of Rs.5,00,000/- in cash to her husband and other valuables including various items of jewellery, furniture, bed-be

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