Professional Documents
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158/2021
Itrat vs. Javed
Exh.30
ORDER BELOW EXH.30
(Passed on 11/05/2023)
By this application applicant has claimed relief of interim
protection order, under section 23 of the Protection of Women from
Domestic Violence Act 2005 (Hereinafter referred to as “DV Act”).
2] Read application supported with affidavit. Respondent
has not filed say to this application. However, his reply (Exh.15) to
main petition is on record. Perused the record.
3] As per applicant, on 11.11.2022 one person came to her
father’s house and illegally demanded her son i.e. applicant No.2.
Due to such act applicant No.2 is suffering from dread. He is under
fear that some one will kidnap him. Even on that day those persons
forcibly taken custody of applicant No.2.
As to Point No.1 :
5] In the present case, relationship between applicants and
respondents is not disputed. As per record, by order dated
07.09.2022 on application (Exh.5) interim maintenance has granted
to applicant No.2. In that order it has already held that applicants
have proved domestic violence at the hands of respondents. Thus, in
my view, it is not necessary again to record finding on this point. In
the result, affirmative finding is recorded to this point.
As to Point No.2 :
6] On perusal of documents filed vide list (Exh.33) it made
out that on 18.11.2022 father of applicant No.1 has lodged complaint
to Assistant Police Commissioner, Nagpur that one person has
approached to his home and tried to kidnap his grandson. Thus, as
provided under Section 19 of the DV Act prima facie applicant has
shown domestic violence. Considering the nature of allegations and
age of minor son, in my view, it is just and proper to grant protection
as prayed. Accordingly, affirmative finding recorded to this point and
in answer to point No.3 following order is passed :
3 Cr.M.A. No.158/2021
Itrat vs. Javed
Exh.30
O R D E R
2. Respondents, especially respondent No.1 are hereby
restrained from visiting house of applicant, school
premises and prohibited from committing any act of
domestic violence to applicants or their relatives, till
further order.
3. Copy of this order be given to parties and concern
under section 24 of D.V. Act.
Digitally signed
by SAMADHAN
KASHINATH
MULE
Date:
2023.05.12
11:12:11 +0530
(S. K. Mule)
16th Jt. CJSD & ACJM
Nagpur. (Spl. Court for D.V. Act)
Date : 11.05.2023. Nagpur.