SAMTEN TSHERING BHUTIA Vs. PASSANG BHUTIA

JUDGEMENT

(1.) Under challenge in this writ petition filed under Article 226 of the Constitution of India is Annexure-P1, Order passed by the learned Judge, Family Court, East and North Sikkim at Gangtok.

(2.) The petitioner, Sri Samten Tshering Bhutia, was the sole respondent in Annexure-P2, Petition submitted by respondents no. 1, 2, 3 and 4 before the Family Court under Section 125 of the Cr.P.C. The prayers which the respondent nos. 1, 2, 3 and 4 made in Annexure-P2, Petition, are only the following: -

(3.) The Annexure-P2, Petition stood posted before the Family Court, East and North Sikkim at Gangtok on 05.08.2013 for appearance of the petitioner, the sole respondent. On that day, the respondent nos. 1, 2, 3 and 4 (the petitioners in Annexure-P1) and the present petitioner were present in person. The petitioner is aggrieved by Annexure-P1, Order which was passed by the Family Court on 05.08.2013. Under Annexure-P1, learned Family Court has passed a residence order as contemplated under Section 19 of the Protection of Women from Domestic Violence Act, 2005 (in short, D.V. Act) and has also directed the Officer In-charge of the Police Station concerned to ensure the safety of the petitioners while they are occupying the household in respect of which the residence order has been given.