* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 26^th NOVEMBER, 2024 IN THE MATTER OF:

+ CRL.REV.P. 797/2022 NAZIA HABEEB .....Petitioner Through: Ms. Reema Roy and Md. Arif, Advocates with Petitioner in person.

versus MOHD NAJAM KHAN .....Respondent Through: Respondent in person CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

1. The Petitioner has approached this Court challenging an Order dated 22.09.2022 whereby the learned Additional Sessions Judge, Patiala House Courts has set aside the summons issued to the Respondent herein in proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'Domestic Violence Act'). The learned Additional Sessions Judge by the impugned judgment has held that the proceedings under the Domestic Violence Act could not have been initiated by the Petitioner herein against the Respondent for the reason that the Respondent had already divorced the Petitioner and since the marriage between the Petitioner and the Respondent does not subsist, the proceedings under the Domestic Violence Act cannot be initiated.

2. Shorn of unnecessary details, the facts of the case reveals that t