FARZANA ANSARI Vs. ABID ALI ANSARI

JUDGEMENT

(1.) HEARD Mr. Bhobe, learned Counsel appearing on behalf of the petitioner and Mr. Agha, learned Counsel appearing on behalf of the respondent.

(2.) RULE . Rule made returnable forthwith. Mr. Agha waived service of notice on behalf of the respondent. By consent heard forthwith.

(3.) BY this petition, the petitioner has challenged the order dated 19/11/2013 passed by the learned Additional Sessions Judge, FTC -II, Margao ("Appellate Court", for short) in Criminal Appeal No. 92 of 2012. The said Criminal Appeal was directed against the order dated 31/08/2012 passed by the learned Judicial Magistrate, First Class "C" Court, Vasco -da -Gama ( "J.M.F.C.", for short), in Criminal Case No. 27/DVA/2010/C. The petitioner was the complainant whereas the respondent was respondent no.1 in the said Criminal Case, wherein there were five more respondents. Parties shall hereinafter be referred to as per their status before the learned J.M.F.C. The complainant had filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 ("the act", for short) against the respondents which came to be registered as Criminal Case no. 27/DVA/2010/C. It was the case of the complainant that she is the legally wedded wife of the respondent no. 1 and their marriage was solemnized on 09/11/2009 according to the Muslim rites and ceremony at Kushi Nagar, Uttar Pradesh.