ANITA DAS Vs. DEEPAK DAS

JUDGEMENT

(1.) The applicant has filed this Criminal Revision under Sec. 397/401 of the Code of Criminal Procedure being aggrieved by the order dtd. 25/01/2024 (Annexure-R/4) passed by the Additional Session judge (FTC) Korba in Criminal Appeal No. 52/2022 by which learned Sessions Judge has allowed the appeal filed by the respondent and set aside the order of the learned Judicial Magistrate First Class Korba passed on 30/6/2022.

(2.) From the records following facts emerged

(3.) Being aggrieved with the aforesaid order the applicant has preferred present Criminal Revision before this Court mainly contending that the applicant is residing separately since 19/10/2003 and the respondent has not provided house accommodation for herself and son which is domestic violence under the Act thus he would pray for restoring the order passed by the learned Judicial Magistrate First Class Korba on 30/6/2022. Learned counsel for the applicant would further submit that learned Appellate Court has committed illegality in allowing the appeal as in case of Domestic Violence Act, 2005 no sophisticated or strict rule of evidence is applicable and the applicant has categorically stated that her husband has solemnized the second marriage even before the divorce taken place and is not providing house accommodation or other expenses to her which is violence as per the Act of 2005. Thus he would pray for quashing of the impugned order.