BHARATI NAIK Vs. RAVI RAMNATH HALARNKAR

JUDGEMENT

(1.) Leave to amend so as to annex a copy of the order dated 9.2.2007 passed in Criminal Misc. Application No.84/ 2006/A.

(2.) The above Petitions raise a common issue as to whether a divorced woman can file an application under Section 12 of the Protection of Women From Domestic Violence Act, 2005, (hereinafter referred to for brevity sake as 'the said Act'). In so far as Writ Petition No. 18/2009 is concerned, the said Writ Petition challenges the order dated 9.2.2007 passed in Criminal Misc. Application No.84/ 2006/A by the learned J.M.F.C. Mapusa and the order dated 2.7.2007 passed by the learned Additional Sessions Judge, Mapusa, in Criminal Appeal No. 14/2007 whereby the order dated 9.2.2007 came to be confirmed. In so far as Writ Petition No.64/2009 is concerned, the said Writ Petition challenges the order dated 17.10.2008 passed by the learned Sessions Judge, Panaji, by which order the order dated 30.9.2008 passed by the learned J.M.F.C, Mapusa, rejecting the application filed by the Respondent No.l under Section 258 of Criminal Procedure Code came to be set aside. The said application resultantly came to be allowed and the Respondent No. 1 came to be discharged from the proceedings in question.

(3.) The facts necessary to be stated for the adjudication of the issue concerned are stated thus :