RAJENDRA Vs. REKHA

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. is filed against the order passed by the learned Additional Sessions Judge, Sardarpur in Criminal Appeal No.235/2014 dated 05.08.2015 whereby the learned Additional Sessions Judge set aside the order passed by the learned Additional Chief Judicial Magistrate, Sardarpur, District Dhar in MJC No.44/2012 dated 16.08.2014 and allowed an application under Section 12 of Protection of Women from Domestic Violence Act, 2005, and issued various directions.

(2.) The present applicants are real brothers of husband of the respondent No.1. Respondents No.2 and 3 are minor children of the respondent No.1. Husband of the respondent No.1 Dinesh died on 15.06.2007.

(3.) The respondent No.1 filed an application under Section 12 of Protection of Women from Domestic Violence Act before the Additional Chief Judicial Magistrate, Sardarpur. It was stated in the application that the respondent No.1 was married to Dinesh, brother of the present applicants, about 11 to 12 years prior to filing of the application in the year 2012. Respondents No.2 and 3 were born to them during the lifetime of her husband. Her father-in-law and father of the present applicants, Amolakchand, who died on 23.12.2004, executed a will in respect of three plots which, according to the respondent No.1 also included a factory on a plot measuring 25' x 50' including some machines, and another plot had house constructed on it, in which the respondent No.1 was residing along with her husband during the lifetime of her husband. After death of her husband, she was driven out of the house by the present applicants. They were refusing to give any share in the ancestral property.