Dhanu Hansdah VS Arati Murmu@Hansdah

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

R. K. PATTANAIK
Dhanu Hansdah – Appellant
Versus
Arati Murmu@Hansdah – Respondent

Advocates:
Counsel for the Parties:
For the Petitioners:Mr. B. Mahapatra, Advocate
For the Opp. Parties:Mr. B.K. Mohanty, Advocate

JUDGMENT

Instant revision is filed by the petitioners assailing the impugned judgment as at Annexure-6 passed in connection with Criminal Appeal No.01 of 2023 by the learned Additional Sessions Judge, Rairangpur, Mayurbhanj, whereby, the decision dated 15th December, 2022 of the learned SDJM, Rairangpur in CMC Case No.03 of 2021 in a proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘the Act’) has been overruled on the grounds inter alia that the same is legally not tenable and hence, it is liable to be interfered with and set aside.

2. The opposite parties approached the learned SDJM, Rairangpur with an application under Section 12 of the Act demanding various reliefs therein against the petitioners with the allegations that petitioner No.1 is not providing maintenance to them. In the said proceeding, the petitioners appeared and challenged the maintainability of the same and pleaded for a decision thereon as a preliminary issue. Such request of the petitioners was entertained by the Court and finally, the impugned order dated 15th December, 2022 at Annexure-5 was passed with a conclusion that no any relief can be g

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