HARVINDER KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition raises challenge to the order dtd. 31/1/2023 passed by the learned Judicial Magistrate First Class, Gurugram, in EXE-21-2021, whereby the learned Court below after giving ample opportunity to the petitioner and her son, was constrained and passed the following order:

(2.) Learned counsel for the petitioner has vehemently argued that the said order is illegal and not sustainable in the eyes of law on the grounds that the petitioner could not have been made a party in the proceedings under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "D.V.Act") as the same is in violation of provisions of Sec. 2(q).

(3.) Learned counsel submits that the house belongs to the petitioner, who is the mother of the respondent no. 4 and is not liable to discharge the liability of her son and lastly submits that the said house was purchased by the petitioner on her own and from her own resources.