DAKSHA Vs. STATE

JUDGEMENT

(1.) The original applicant of Misc. Application No.1043 of 2008 has filed this Revkion Application against the order dated 12.4 2010 passed by the learned Additional City Sessions Judge No.16, Ahmedabad, in Criminal Appeal No.19 of 2009.

(2.) In Misc. Criminal Application No.1043 of 2008 filed by the applicant was allowed by order dated 27.1.2000 the learned Metropolitan Magistrate, Court No.14, Ahmedabad, under the provision Sections 12(1), 18 and 19 of the Domestic Violence Act, wherein present respondent Nos. 2 to 5 are directed to provide shelter in the premises of respondent No.2 Arvindbhai So Parmar. Aggrieved by the said order present respondent Nos.2 to 5 preferred Appeal before learned City Sessions Judge, Ahmedabad, wherein the learned Additional City Sessions Judge while considering the decision rendered by the Sessions Court in the case of S.R. Batra V/s. Smt. Taruna Batra, 2007 AIR(SC) 1118, allowed the Appeal of the present respondents 2 to 5 and observed at para 27 that claim for alternative accommodation can only be against the husband and not against the husband's in-laws or other relatives.

(3.) Heard Mr. C.R. Mishra, learned advocate for the applicant, Mr. H.L. Jani, learned APP for respondent State and Mr. Rajesh Kanani, learned advocate for respondent Nos. 2 to 5.