PRITIBEN JITESHBHAI UPADHYAY Vs. JITESHBHAI VIRENDRABHAI UPADHYAY

JUDGEMENT

(1.) The petitioner, who happens to be original applicant in Miscellaneous Application No. 418/2009, filed in the Court of Metropolitan Magistrate, Court No. 22, Ahmedabad, under the provision of the Protection of Women from Domestic Violence Act (hereinafter referred to as the 'Domestic Violence Act'), for seeking protection from the respondent Nos. 1 to 4, has approached this Court, challenging the order dated 5.5.2010 passed by the Additional Sessions Judge, Court No. 8, Ahmedabad in Criminal Appeal No. 301/2009, partly allowing the Appeal filed by the respondent Nos. 1 to 4 herein above, and modifying the order dated 30.10.2009 passed by the Metropolitan Magistrate reducing the amount of maintenance to be paid to the petitioner's minor son from Rs. 4,000/- to Rs. 1,500/- per month and remanding the matter back to the Trial Court for examining the aspect of interim protection to the petitioner and her son against eviction by the respondent Nos. 1 to 4 and granting her interim protection in residential premises, to be decided bearing in mind the Apex Court's decision in case of "S. R. Batra & another v. Smt. Taruna Batra, 2007 AIR(SC) 1118.

(2.) The facts in brief leading to filing of this petition deserves to be to set out as under.

(3.) Learned advocate for the respondent Nos. 1 to 4 requested the Court for assigning priority in the matter, as the ex parte order granted by this Court was inuring in favour of wife and the respondents were suffering deprivation of the residential accommodation. The Court granted and accepted the request for priority and accordingly the matter was taken up for final disposal by consent of both the sides.