LAWS(HPH)-2023-6-80

SANJEEV KUMAR Vs. SUSHMA DEVI

Decided On June 01, 2023
SANJEEV KUMAR Appellant
V/S
SUSHMA DEVI Respondents

JUDGEMENT

(1.) Learned Trial Court dismissed an application moved by the respondent under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005, primarily on the ground that the complainant (respondent herein) could not prove that she was legally wedded wife of the present petitioner. Learned Appellate Court allowed the respondent's appeal and remanded the matter to the learned Trial Court with a direction to give an opportunity to the parties to lead further evidence and for deciding the matter afresh. The petitioner (alleged husband) has moved this petition against the order of learned Appellate Court.

(2.) Facts that need to be noticed for the purpose of deciding this petition are :-

(3.) I have heard Sh. K.B. Khajuria, learned counsel for the petitioner, Sh. Neeraj Gupta, learned Senior counsel for the respondent and with their assistance, have also considered the case record.