1. This petition under Articles 226 and 227 of the Constitution of India read with provisions of Protection of Women from Domestic Violence Act, 2005 is filed under section 482 of the Code of Criminal Procedure, 1973 challenging the order dated 26.9.2011 passed by learned Additional Senior Civil Judge, Jamnagar rejecting the application of the petitioner at Exh. 32 which came to be confirmed by judgment and order dated 11.1.2012 passed by learned 2nd Additional Sessions Judge, Jamnagar, in Criminal Appeal No. 29 of 2011. Thus, this petition is against the concurrent recording of facts by the Courts below.
2. Learned advocate for the petitioner would submit that after separation of five years by way of customary arrangement, no proceedings under Domestic Violence Act, 2005 could have been initiated and further allegations levelled in the application preferred by the respondent No.1 pertaining to Domestic Violence are baseless and, therefore, the Courts below erred in not exercising the jurisdiction in proper perspective and, therefore, the orders impugned deserves to be quashed and set aside.
3. On perusal of the record of the case and order passed by leaned Additional Senior Civil Judge and learned Additional Sessions Judge, while exercising the appellate jurisdiction, have recorded the fact about the writing on a Rs. 10/- stamp paper divorcing respondent No.1 by the petitioner/appellant therein which was not valid and legal and besides the proceedings before learned Magistrate were pending and thus, the exercise of appellate powers by the Court cannot be said to be in any manner contrary to law and this petition lacks merit and accordingly rejected. No costs.
[ANANT S. DAVE, J.] //smita// Top