RAJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the petitioner has challenged the order dtd. 30/6/2022, passed by the learned Judicial Magistrate, District Jodhpur (hereinafter referred to as 'the trial Court'), by which the application filed by the respondent No. 2 under Sec. 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act of 2005') has been allowed.

(2.) The order aforesaid has been challenged on the following grounds:-

(3.) Mr. Joshi, learned counsel for the petitioner argued that the respondent No. 2 had not taken divorce from her earlier husband and thus, her marriage with the petitioner is null and void. While informing that the petitioner has taken up separate proceedings for prosecuting her for the offence under Sec. 494 of the Indian Penal Code, while also filing petition under Sec. 11 of the Hindu Marriage Act for declaring the marriage null and void, learned counsel argued that the respondent No. 2 is not entitled to any relief under the Act of 2005.