SMITA SINGH Vs. BISHNU PRIYA SINGH

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the opposite parties. The petitioner has filed Criminal Misc. Case No. 6 of 2009 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short "the Act") in the Court of the learned S.D.J.M. (Sadar), Cuttack seeking certain reliefs against the present opposite parties. Opposite party No. 5 is the husband of the petitioner, whereas, the other opposite parties who are all women are the in-laws of the petitioner. The opposite parties filed a petition before the learned S.D.J.M. (Sattar), Cuttack to exclude opposite party Nos. 1 to 4 from the category of respondents on the ground that they being women relatives of the husband of the petitioner, they cannot be added as respondents. The said petition was allowed by order dated 26-10-2009 which is impugned in this criminal revision.

(2.) At the very out set, learned counsel for the opposite parties raises objection to the maintainability of this criminal revision stating that the impugned order is appealable under Section 29 of the Act.

(3.) Learned counsel for both the parties rely on some decisions of different High Courts in support of their respective contentions.