AJAY AGGARWAL; URMILA AGGARWAL Vs. SHILPA AGGARWAL; GAURI (MINOR)
LAWS(UTN)-2012-9-150
HIGH COURT OF UTTARAKHAND
Decided on September 10,2012

Ajay Aggarwal; Urmila Aggarwal Appellant
VERSUS
Shilpa Aggarwal; Gauri (Minor) Respondents

JUDGEMENT

- (1.) The instant petition challenges the proceedings of Misc. Case No.144 of 2009 Smt. Shilpa Aggarwal Vs. Dr. Ajay Aggarwal, pending in the court of Judicial Magistrate (CBI), Dehradun. The said case was instituted by wife Smt. Shilpa u/s 23(2) of the Act No.43/2005 viz. the Protection of Women from Domestic Violence Act, 2005 (for brevity, hereinafter to be called as the Act).
(2.) After the institution of that case by Smt. Shilpa along with her minor daughter Gauri on 30.3.2009, learned Magistrate has passed the cognizance order on 30.4.2009. The same was communicated to the Protection Officer designated for the purpose, who in turn, wrote a letter to petitioners who are mother-in-law and husband respectively, on 5.5.2009, asking them to put their appearance before the concerned Magistrate on 20.5.2009.
(3.) Having heard learned counsel for the parties, it transpires that marriage of Dr. Ajay Aggarwal with Smt. Shilpa Aggarwal was solemnized on 27.6.2004 and one daughter Km. Gauri also born out of the wedlock. Differences erupted between the couple-giving rise to manifold litigation between them. Petitioner (husband) filed a petition u/s 9 of Hindu Marriage Act which was decided ex parte on 24.4.2007 by the Principal Judge, Family Court, Bhopal. On the other hand, respondent-wife lodged an FIR under Sections 498-A, 504, 323, 506 r/w Section 3/4 of Dowry Prohibition Act at the place of her living i.e. Dehradun wherein the chargesheet was submitted and now after vacation of stay on the point of jurisdiction, petitioner Dr. Ajay Aggarwal is facing prosecution.;


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