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 sections 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 Razzak Khan and Smt. Shahnaz Khan has 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.) IN Criminal Appeal No. 595/07 learned 6th Additional Sessions Judge modified relief to Smt. Shahnaz Khan and directed protection officer for providing accommodation in the ancestral house of husband under section 19 (1) (f) of the "Act 2005" and further granted Rs.500/ per month maintenance in favour of the foster son Shoaib Khan.