LAWS(ORI)-2017-1-59

GANESH MOHARANA AND OTHERS Vs. SABITRI MOHARANA

Decided On January 04, 2017
Ganesh Moharana And Others Appellant
V/S
Sabitri Moharana Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the case record.

(2.) Petitioners have filed this application under Sec. 482 Cr.P.C challenging the order dated 16.02016 passed by the learned SDJM (Sadar) Cuttack in I.C.C. case No.119 of 2016 taking cognizance of offence under Sec. 31 (1) of the Protection of Women from Domestic Violence Act 2005 (in short 'PWDV Act') and directing issuance of summons to the petitioners.

(3.) Opposite Party has initiated a proceeding claiming several reliefs under the provisions of the PWDV Act in the court of learned SDJM (Sadar) Cuttack which has been registered as CRLMC No. 304 of 2015. She had also filed applications for some interim reliefs which were considered and disposed of by order dated 05.01.2016 whereby learned SDJM directed the husband (petitioner No. 1) to pay a sum of Rs. 10000.00 per month towards maintenance of Opposite Party and her minor son. The order further directed the respondents therein to provide separate accommodation to the Opposite Party and her minor son in the shared household. Similarly interim order was also passed directing the respondents therein not to commit aid or abet the commission of any sort of domestic violence to the aggrieved person.