LAWS(UTN)-2009-11-37

BALDEV RAJ GAGNEJA & OTHERS Vs. NEHA GAGNEJA

Decided On November 24, 2009
Baldev Raj Gagneja Appellant
V/S
Neha Gagneja Respondents

JUDGEMENT

(1.) HEARD Mr. Pawan Mishra, Advocate for the petitioners, Mr. S.S. Adhikari, Assistant Government Advocate for the State and Mr. B.S. Adhikari, Advocate for private respondent.

(2.) PETITIONERS who are in -laws of the respondents, have challenged the proceedings pending against them in the Court of Judicial Magistrate, Vikasnagar, Dehradun, under Sections 12, 17, 18, 19,20,21 and 22.of Protection of Women from Domestic Violence Act, 2005.

(3.) THE main grievance of the petitioners are that petitioner no. 1 is the father -in -law, petitioner no. 2 is the mother -in -law, petitioner no. 3 is the sister -in -law (husband's sister) and petitioners no. 4 & 5 are brother -in -law of the respondent. According to the petitioners, petitioners cannot be impleaded as respondent in application under Section 12 of the Act. Learned counsel for the petitioners, while relying on Section 12 of the Act, vehemently argued that no woman can be made respondent in an application under Section 12 of the Act.