Learned AGA who has accepted notice on behalf of the opposite no. 1 prays for and is allowed four weeks' time for filing counter affidavit.
Issue notice to the opposite party no. 2 who may also file counter affidavit within the same period.
List after six weeks.
The submission is that the applicants who were ladies are not covered under the definition of respondent as provided under Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 and hence the court below has committed a manifest error of law in summoning the applicants by the impugned order qua in complain case no. 145 of 2010 under Section 12 of the Protection of the Women from Domestic Violence Act, 2005. Considering the submissions made by the learned counsel for the petitioners and the facts stated, this court is of the view that the petitioners are entitled to interim order.
Till the next date of listing further proceedings against the petitioners, namely, Smt. Dev Vati and Smt. Nirmala in complaint case no. 145 of 2010 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 pending in the Court of IInd ACJM, Rampur ,shall remain stayed as Order Date :- 15.6.2010 RK/-