AJAYTA Vs. HARMINDER SINGH

JUDGEMENT

(1.) This petition has been filed under Section 401 of the Code of Criminal Procedure challenging order dated 23.9.2009 passed by the Additional Sessions Judge, Panchkula, whereby order dated 7.8.2009 passed by the Judicial Magistrate, Ist Class, Panchkula in an application under Section 23 read with Section 19 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act') has been set aside.

(2.) Brief facts of the case, as noticed by the learned Additional Sessions Judge, in para Nos. 2 and 3 of the impugned order, read as under:

(3.) Learned Counsel for the petitioner has submitted that the trial Court had rightly allowed the petitioner to reside in the shared household, whereas, learned Appellate Court had erred in directing the petitioner to hand over the possession to her mother-in-law.