MALAYA KUMAR DAS Vs. SWATISHREE DAS

JUDGEMENT

(1.) This Civil Misc. Petition filed by the Father-in-law involves a challenge to the order dtd. 6/8/2021 passed by the 2nd Additional District Judge, Bhubaneswar in Civil Revision No.01/01 of 2021 under Annexure-13 reversing the order of the Senior Civil Judge, Bhubaneswar passed in I.A. No.2/2021 under the provision of Sec. 151 of C.P.C. read with Ss. 26 and 29 of the Protection of Women from Domestic Violence Act, 2005 (in short, "the Act, 2005") at the instance of the Daughter-in-law, the present Opposite Party under Annexure-9.

(2.) Undisputed fact remains and as has been categorically admitted in course of submission by Mr.P.K.Lenka, learned counsel for the Petitioner that the Opposite Party remains to be the Daughter-in-law of the present Petitioner and for there exists dissention between Wife and Husband, both are staying away from the other. Learned counsel for the Petitioner in his attempt to assail the impugned order at Annexure-13 challenged the same on the following grounds :-

(3.) Mr.D.P.Dhal, learned senior counsel for the Opposite Party in his opposition while objecting to the stand of the Petitioner on all the three grounds again referring to the provision under Sec. 115 of C.P.C. submitted that it is wrong to claim that no Revision lies involving the order at Annexure-9. Similarly referring to the averments in other paragraphs of the Plaint accompanying the same, Mr.Dhal, learned senior counsel submitted that the Plaintiff has a clear case of her residence involved herein at Bhubaneswar. So far as the submission of the learned counsel for the Petitioner involving pendency of family court proceedings becoming an impediment in the entertainability of the Interlocutory Application involved in the trial court decided under Annexure-9, Mr.Dhal, learned senior counsel submitted that all such proceedings are aiming to different reliefs, therefore, pendency of family court proceedings cannot come on the way in moving the Application under the Act, 2005. In the above circumstance, Mr.Dhal, learned senior counsel prayed for dismissal of the Civil Misc. Petition for having no merit.