ADITI CHAUHAN Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-6-111
HIGH COURT OF UTTARAKHAND
Decided on June 25,2013

Aditi Chauhan Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Alok Singh, J. - (1.) A complaint was filed before the ACJM 1st, Dehradun under the provisions of the Protection of Women from Domestic Violence Act, 2005. Learned trial Magistrate, vide order dated 20.05.2013, was pleased to pass ad -interim ex parte order directing the respondent No. 2, herein, not to dispossess the petitioner from the house, in question and not to indulge in domestic violence against the petitioner and to pay interim maintenance to the petitioner @ Rs. 3,000 per month.
(2.) FEELING aggrieved, respondent No. 2 preferred an appeal in the court of Sessions Judge, Dehradun. Learned appellate court, vide order dated 17.06.2013, was pleased to stay the effect and operation of the order dated 20.05.2013 passed by the learned trial court observing that in view of judgment passed by this Court in Criminal Revision No. 111 of 2010 (S. Vishwanathan Vs. Pushpa) no ex parte order can be passed on the complaint under the Protection of Women from Domestic Violence Act, 2005. Feeling aggrieved, petitioner/complainant has invoked inherent jurisdiction of this Court under Section 482 Cr.P.C.
(3.) MR . Gopal K. Verma, Advocate has accepted notice on behalf of respondent No. 2.;


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