FAKRU Vs. MINSIRA AND ORS.

JUDGEMENT

(1.) The petitioner-husband has filed present criminal revision impugning the judgment dated 03.11.2014 passed by learned Judicial Magistrate 1st Class, Ferozepur Jhirka, whereby, learned Magistrate while placing reliance upon V.D. Bhanot v. Savita Bhanot 2012(1) RCR (Criminal) 834 (SC) , disposed of the petition under the Protection of Women from Domestic Violence Act, 2005 (for short, the DV Act) filed by the respondents, namely, Smt. Minsira and Faisal, who are the wife and minor son of the petitioner, and granted the relief to the respondents, as mentioned in paragraph No. 20 of the impugned judgment, which reads as under:

(2.) Challenge has also been laid to the judgment dated 08.10.2015 passed by learned Additional Sessions Judge, Mewat, whereby the appeal filed by the petitioner-husband against the aforesaid judgment dated 03.11.2014 passed by learned Magistrate, was dismissed.

(3.) Learned counsel for the petitioner has argued that the respondents have filed a petition under the DV Act and the learned Magistrate has wrongly allowed the said petition vide impugned judgment dated 03.11.2014. Similarly, the appeal filed by the petitioner has also been wrongly dismissed by the appellate Court. Since the respondents are living separately from the petitioner from March 2001 and the respondent No. 1-wife has already been divorced by the petitioner on 26.09.2001 and she is residing separately in her parental house, the petition under the DV Act was not maintainable as the said petition was filed in the year 2010, whereas the DV Act had come into operation in the year 2006.