RAZZAK KHAN Vs. SHAHNAZ KHAN

JUDGEMENT

(1.) These two revisions against the order passed in Criminal Appeal No. 501/07 ( Razzak Khan and 2 others Vs. Smt. Shahnaz Khan) and Criminal Appeal No. 595/07 ( Smt. Shahnaz Khan Vs. Razzak Khan and 2 others) dated 19.12.2007, passed by 6th Additional Sessions Judge Jabalpur arising out of the order passed in complaint case No. 23/2007 order dt. 29.9.2007 by learned JMFC Jabalpur in proceeding under Section 9(b) 37(2) (c) of Protection of Women from Domestic Violence Act, 2005 (in short "Act 2005") whereby these revisions have been filed before this Court.

(2.) This is undisputed that Ramzan Khan and Smt. Shahnaz Khan lias taken divorce on 3.5.2007 in presence of witnesses. Razzak Khan, Rehman Khan and Ramzan Khan are real brothers and Smt. Shahnaz Khan is the daughter of real sister of the applicants whose first marriage has been performed with Musarraf Khan and out of first wedlock Master Shoaib was born who is presently 16 years of age. After lapse of 12 years of the death of her first husband, Shahnaz Khan has performed Nikah with Ramzan Khan on 19.3..2003 and both of them were living in a rented house. Ramzan Khan after the death of his father Rasool Khan, on 7.2.2006 started living in ancestral house with his two brothers along with his wife Shahnaz Khan.

(3.) The Shahnaz Khan filed a complaint under Section 9(b) 37 (2) (C) of the "Act 2005" for claiming relief under Section 18 to 20 before JMFC Jabalpur. The JMFC vide order dated 29.9.2007 granted following reliefs to Smt. Shanaz Khan.