RINA DEVI BORA Vs. DWIJEN CH BORA

JUDGEMENT

(1.) HEARD Mr. A. M. Bujarbaruah, learned counsel for the petitioner and Mrs. B. Saikia, learned Addl. P. P. Assam, on behalf of the State respondents. None appears on behalf of respondent No. The office note together with the affidavits of service upon respondent No. 1 submitted on behalf of the petitioner reflects that notice has been duly served on the respondent No. 1. Therefore, it is apparent that the respondent No. 1 preferred not to appear in this case. Considering the nature of the case, with the consent of the learned counsel present this revision is taken up for disposal.

(2.) THIS revision petition is directed against an appellate judgment and order dated 18. 2. 2009 passed by the Learned Sessions Judge, Dibrugarh in Criminal Appeal No. 13 (2)/08. By the aforesaid appellate order learned Sessions Judge set aside the interim residence and protection order dated 12. 5. 2009, under Section 12 read with Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the "domestic Violence Act"), passed by the learned Additional Chief Judicial Magistrate, Dibrugarh in C. R. Case No. 72c/08.

(3.) THE moot question for consideration of this Court in this revision petition is -