LAWS(GJH)-2010-8-315

BIPIN PRATAPRAI BHATT Vs. UNION OF INDIA

Decided On August 23, 2010
Bipin Prataprai Bhatt And Ors. Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) The petitioner has challenged the proceeding in Criminal Miscellaneous Application No. 552 of 2009 initiated under Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as `the Domestic Violence Act') and prayed to declare Sec.26(1) of the Act ultravires of Art.20 of the Constitution of India.

(2.) On hearing the counsel for the petitioner, as no prima facie case was found to have been made out, no separate notice was issued on the respondents or learned Advocate General.

(3.) 1st petitioner Bipin Prataprai Bhatt (husband) married with the 3rd respondent Kiranben Bipinbhai Bhatt (wife). 2nd and 5th petitioners are in-laws of 3rd respondent. The marriage took place on 04.06.1998, but the same did not proceed smooth.