GOVERDHAN BARDHAR,J. - (1.) This revision petition has been filed against the order dated 05.03.2016, passed by the learned Additional Sessions Judge, Sujangarh, District Churu (hereinafter "the appellate court") whereby he has dismissed the petitioners' appeal and upheld the order dated 30.08.2012, passed by the learned Additional Chief Judicial Magistrate, Sujangarh, District Churu (hereinafter "the trial court") whereby the learned trial court dismissed the petitioners' application dated 05.09.2011 for non-maintainability of proceedings under the Protection of Women under Domestic Violence Act, 2005 (hereinafter "the Act of 2005").
(2.) Counsel for the petitioners argued that from the bare reading of the criminal complaint filed by the respondent No.2 reveals that the entire incident happened in the year 2002. The allegations in the complaint may constitute offence of cheating, but the delay have to be explained by the respondent No.2, in the absence of the same even the proceedings in the other law were also not survive, hence both the impugned orders are liable to be quashed and set aside. Counsel further argued that the petitioner-husband obtained the decree of divorce in the year 2005 by the competent court.
(3.) Ms. Chandrakala, respondent No.2 supports both the impugned orders passed by the courts below and prays for dismissal of the revision petition.;