MANISH KUMAR BHATTACHARYYA Vs. SANHITA BHATTACHARYYA

JUDGEMENT

(1.) This criminal revision is directed against the order dated March 14, 2011 passed by the learned Judicial Magistrate, 5 th Court, Serampore in C.R. No.673 of 2010 thereby granting an interim order of right of residence of the petitioner/opposite party therein in the dwelling house situated at 95/A Patuapara Lane under P.S. Serampore, Dist. Hooghly under Section 23 of the Protection of Women from Domestic Violence Act.

(2.) The complainant/opposite party herein instituted a proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the learned Judicial Magistrate, 5 th Court, Serampore claiming relief of right of residence along with her husband and child at her matrimonial home, that is, at 95/A Patuapara Lane under P.S. Serampore, Dist. Hooghly. She moved an application under Section 23 of the said 2005 Act for interim relief and that prayer was granted by the impugned order. Being aggrieved, the opposite parties/petitioners herein have filed this application for quashing the said proceeding as well as setting aside the order under Section 23 of the 2005 Act.

(3.) Now, the question is whether the impugned order should be sustained.