GITA Vs. RAJ BALA

JUDGEMENT

(1.) SMT . Gita seeks quashing of notice/summoning order dated 19.7.2006 passed by ACJM, Faridabad. She is a married sister-in-law of the complainant and is separately residing at her matrimonial home at Palwal, but is summoned to face prosecution under the provisions of Protection of Women from Domestic Violence Act, 2005. (for short "the Act").

(2.) THE primary submission made on behalf of the petitioner is that she has wrongly and illegally been summoned for an offence under the provisions of the Act, which was not even applicable on the date the cognizance of the offence was taken. It is accordingly pleaded that ACJM, Faridabad erred in taking cognizance of the offence which was not an offence on the date he took cognizance of the same.